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HomeMy Public PortalAboutCity Council_Minutes_1961-02-27_Regular 1961CITY OF TEMPLE CITY TEMPLE CITY, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 27, 1961 1. INITIATION: The regular meeting of the City Council of the City of Temple 2. City was called to order by Mayor Fitzjohn who led the Pledge of Allegiance to the Flag. 3. Invocation was given by Father Birch of St. Lukes Catholic Church, Cloverly & Broadway, Temple City. 4. ROLL CALL: PRESENT: Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn ABSENT: Councilmen -None ALSO PRESENT: Shatford & Woollett 5. APPROVAL OF MINUTES: Regular meeting of February 27, 1961. Woollett corrected the name of Geo. Whitnall to Gordon Whitnall on page 5 where it is stated::.Vwe retain the firm of Geo. Whit - nall to conduct a Master Plan ". Also page 5 Tyrell requested the following be added to Mr. Meek's statement in paragraph 2: That there were other plans submitted at a lesser cost. " Also on page 4 in next to last paragraph Merritt corrected his statement to read as follows: " He was completely for it in the beginning, but thinking more on the cost he wondered if this is more than we can possibly get in return, and still looking into it further he came to a reversal ". Tyrell moved to adopt as amended, Merritt seconded, roll call vote as follows: AYES: Councilmen - Buchan, Dickason, Merritt, Tyrell & Fitzjohn NOES: Councilmen -None ABSENT: Councilmen -None Tyrell stated that at last meeting it was indicated that Mr. Meek should not speak inasmuch as he represented the minority on the Planning Commission which he takes exception to. Dicka- son disagreed and stated that there would be one side represent- ed, and he felt the opinions of both sides should be represent- ed fairly and squarely. Tyrell also took exception to these remarks now, and stated he felt anyone appearing before the Council and interested in making a point should be heard by the Council. Dickason stated that much is correct, but disagreed in that it represented the minority of opinion, and the Plannir.c Commission should have someone representing both sides and not merely one side. Tyrell said when appearing voluntarily and representing his particular opinion he should be heard by the Council, 6. UNFINISHED BUSINESS: ORDINANCE NO. 61 -33 (2nd reading) Shatford read title to Ordinance No. 61 -33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ENABLING ESTABLISHMENT OF TRUCK ROUTES IN TEMPLE CITY. Merritt moved to waive further reading, Tyrell seconded, roll call vote as follows: AYES: Councilmen - Buchan, Dickason, Merritt, Tyrell & Fitzjohn NOES: Councilmen -None ABSENT: Councilmen -None Merritt moved to adopt Ordinance No. 61 -33, Tyrell seconded, roll call vote as follows: AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn NOES: Councilmen -None ABSENT: Councilmen -None Shatford read title to Resolution No. 61 -119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING TRUCK ROUTES PURSUANT TO ORDINANCE NO. 61 -33. Tyrell moved to waive further reading of Resolution No. 61 -119, and to adopt, Merritt seconded, roll call vote as follows: 132 Council Minutes, February 27, 1961, page 2 AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn NOES: Councilmen -None ABSENT: Councilmen -None 7. ORDINANCE NO. 61 -35 (2nd reading) Shatford read title to Ordinance No. 61 -35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY MUNICIPAL CODE TO INCLUDE ALL AMENDMENTS TO THE LOS ANGELES COON= TY SUBDIVISION ORDINANCE ADOPTED BY TEMPLE CITY. Tyrell moved to waive further reading, Merritt seconded, roll call vote as fol- lows: AYES: Councilmen - Buchan, Dickason, Merritt, Tyrell & Fitzjohn NOES: Councilmen -None ABSENT: Councilmen -None Tyrell moved to adopt Ordinance No. 61 -35, Merritt seconded, roll call vote as follows: AYES: Councilmen - Buchan, Dickason, Merritt, Tyrell & Fitzjohn NOES: Councilmen -None ABSENT: Councilmen -None ORDINANCE NO. 61. -37 (1st reading) Shatford read the title of Ordinance No. 61 -37 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY MUNICIPAL CODE RELATIVE TO THE SALE AND USE OF FIREWORKS WITHIN THE CITY OF TEMPLE CITY, AND REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT THEREWITH. Buchan stated this ordinance as drawn does not limit the number of permits that could be issued, and that one purpose in allowing the sale was to give various civic organizations an opportunity to make some money, and he re- commended permits be limited to not more than five and issued on a first come first served basis. Also suggested fee for per- mit suggested here is $10.00, and as we are going to have to in -. spect these stands, etc., he recommended this be increased to at least $25.00. Shatford advised there is an electrical clause in the ordinance and there will have to be an inspection on the electrical work but not on construction of the stand. Woollett said Section 3118 requires an electrical permit which will require inspection and the City will have to pay for the inspection. Shatford said there would have to be some good reason rather than money so we have some good legal basis to limit the number of permits. Fitzjohn suggested we could take in any number of applications and they could draw straws to see who would get the five permits which would give everyone a chance, but he did feel it should be limited to service organizations. Shatford said another point is there are only so many service organizations that qualify and he did not think we could expect more than three or four,tobuild stands. The ordinance can be amended but must be careful in word, ing or it could be discriminatory. He recommended using it as drawn and if necessary we can change it next year. Woollett stated the fee in Rosemead was $10.00 with amount of insurance etc. the same. Merritt said fee in San Gabriel was $90.00 and other cities various amounts. Shatford said if privet( interests the fee might be higher but as service clubs, etc., you would not want so much. Woollett advised the money from these licenses goes into the general fund money and can be used for whatever you want, The City Manager then read a letter from the County Fire Department opposing the sale of fireworks stating they preach fire prevention throughout the year and are especiall' concerned with safety for children; they do not feel the bars should be let down for one week as they do not feel the profit over - balances injuries of one child. The letter was signed by Leslie E. Dutton, Fire Marshall, under signature of Keith E. Klinger. Mr. B. J. Tovall, 705 Chaucer Rd., San Marino, stated he was a stock - holder in a fire works company and statistics show downward trend since 1946. Most injuries happened before that time when . we had high explosive fire works. He offered to answer any ques- tions anyone might wish to ask. 133 Council Minutes, February 27, 1961, page 3 G. H. Bedell, 6126 Golden West, spoke in favor of this ordinance. He stated he was a past Commander of the Legion here and that a great number of Legion Posts use the sale of fire works as a means of obtaining money for community betterment services. He stated he had been here 32 years and had never known where anyone had been arrested for firing fireworks. They have been bought in other cities and taken to their homes here. Only asking to make them legal here. We taught the children how to use them and noone was severely injured. They cause no more damage than on the highway today. The Mayor asked if anyone wished to speak against the ordinance. Carl E. Johnson, 9204 Olive St., stated the sale has been illeg- al and he sees no reason to have them now, and he believed the Fire Dept. letter well put and believes that it should be con- tinued as is. Capt. Harlow of the Fire Prevention Bureau said he could not add to the letter but would be glad to answer any questions. Mayor Fitzjohn said we have an ordinance and have had for years and all my neighbors have broken this law. -'- We have an ordin- ance and we cannot enforce it,I do not believe you could build a jail big enough to take care of all offenders on the 4th. If we have an ordinance which we cannot enforce there is no use in having it. Capt. Harlow said it would be up to the Sheriffs Dept. to enforce It would be very poor public relations to go from door to door and take fireworks from the children, and he believes it is one reason they have not done so. Tyrell said he would like to see the ordinance as far as fire is concerned enforced more than it has been. Buchan asked if the number of fires or number of calls was much greater on the 4th than a couple of days before and alsc after, which Capt. Harlow said he was unable to answer. Dickason asked if the Fire Dept. believed the number of fires would increase if sold in the city limits. Capt. Harlow said yes very definitely, as many people are aware that in Temple Cit' it is illegal, and many people are law abiding and will not do it for that reason. Lt. Baker of the Sheriffs Dept. stated enforcement is difficult and he did say it has not been enforced. It is a type of law like over -night parking,and because of so many violations they enforce only as theyreceive complaints. It is not an arrestable offense but citations are issued. The whole reason for reduction in high fire works loss was doing away with fire crackers which were a different thing, but sale of fireworks in given areas makes enforcement less. Most insurance companies will not pay off on a fire claim where the fire started from fire works. Fitzjohn stated around the 4th there are plenty of fire crackers and he had been told they get them in Mexico. Lt. Baker advised about 10,000 or 15,000 firecrackers destroyed last 4th. Dis- cussion followed regarding fireworks at Arcadia Park Dickason stated he would like to see this ordinance tabled until next meeting so we can get more public reaction, and he so moved, Merritt seconded, roll call vote as follows: 7 AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn NOES: Councilmen -None ABSENT: Councilmen -None Tyrell gave statistics showing an increase in fires and injuries in last three years from safe and sane fireworks. The injuries'; reported were through receiving hospitals and statistics were from the Los Angeles Fire Dept. It is their opinion that recent. ly created cities are the ones creating the greatest menace as some of these cities are allowing the sale of fireworks. In Burbank they are illegal and stands set up on the boundary in Glendale sold fireworks. The populace fought this and the ordi- nance was adopted and the people in Glendale are happy that they do not have fireworks. Our organizations are not so desirous of money that they have to acquire it on pains of children. Many cannot afford to burn up dollars and this is a good excuse. It is a waste of life and a waste of money and we can well do with- out it. Los Angeles presently allocate $7500. a year to set up playgrounds where fire departments put on a show, and they en- 131+ Council Minutes, February 27, 1961, page 4 courage families to come on a picnic basis and have show and go home. We have Live Oak park where it could be done. Just one child burned is important enough to outlaw this thing. I had them but it does not mean they are safe. He stated he was a veteran of two wars, but he is against it. Fitzjohn stated all cities around us sell fireworks and the people are going to buy them at the closest place, and it . seems to him that Temple City could take advantage of that sales tax money and enjoy them along with the rest of the communities around us. Mr. Johnson spoke again and congratulated Mr. Tyrell on his re -' marks as far as discontinuing this as other places have. He said we might just as well disband the police department.Temple City would get 1`ittle money out of this, and he took exception to Mr. Fitzjohns remarks as very poorly taken. Mr. Bedell said the only reason or logic he could see against the fireworks is to protect the children here. He has lived in this area for 30 yrs. and had fireworks, and the people are goinc to have them. The parents that have bought them in the past are going to buy them in the future. He maintains we have a situa.. tion we cannot combat, and if we try to enforce it there will be a big howl. Why not make something legal that is going to be done regardless. If not you are ham - stringing organizations in this town and giving it to other towns. Tyrell felt we should take the position of Los Angeles and Glen- dale encouraging people to wake up and to ban this, and if we do maybe San Gabriel, Rosemead, etc. will ban them too, and make a safe and sane 4th. Jack Beardsley, 5551 Welland, stated we are all human and where there are people there will be betting. He took issue with Mr. Tyrell. If you go to Arcadia Park you will find you are going to have fireworks in your lap. If at your own home you are watching your own children and you would not have to worry about somebody else's child. We are all law - breakers. Lets take ad- vantage of this. Fitzjohn stated he respected the people in Temple City and he thinks they are fine, but on the 4th you can go up and down the street and you will find where there are kids there are firework: in the back yards, and he thinks it wonderful that we can parti- cipate in our own back yards. Buchan stated every holiday we see broadcasts, in newspapers, etc., how many people will be killed on highway, boating, drown- ing, etc. Maybe if we would legalize fireworks and make it en- joyable for people to stay home and celebrate there would be less people on the road. 9. RESOLUTION NO. 61 -123 Shatford read in full Resolution No. 61 -123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, IMPLORING ALL PATRIOTIC AMERICANS TO AWAKEN AND TO FIGHT ALL COMMUNISTIC ACTIVITY. Tyrell moved to adopt Resolution No. 61 -123, Dickason seconded, roll call vote as follows: AYES: Councilmen..Buchan, Dickason, Merritt, Tyrell & Fitzjohn NOES: Councilmen -None ABSENT: Councilmen -None 10. ORDINANCE NO. 61 -36 ( 1st reading) Shatford read title to Ordinance No. 61 -36 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING THE TEMPLE CITY MUNICIPAL CODE BY ADDING SECTIONS 4250.2, 4250.3 4250.4 and 4250.5 RELATING TO DISTRIBUTION OF TIP SHEETS AND COM MERCIAL ADVERTISING MATTER ON PUBLIC STREETS IN THE CITY OF TEMPLE CITY. Dickason moved to waive further reading, Buchan seconded, roll call vote as follows: AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn NOES: Councilmen -None ABSENT: Councilmen -None 135 Council Minutes, February 27, 1961, page 5 11. RESOLUTION NO. 61 -124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND REMANDS IN THE SUM OF $9,176,52 NUMBERS 403 THROUGH 421. Discussion followed regard- ing raising the schedule of fees in the building department as present fees collected are not meeting the costs incurred. Woollett stated the present schedule was planned with the under- standing it would balance itself off. Tyrell suggested at the next meeting we raise these fees and it should be equalized so there is no deficit in the future,which can be done by blanket or on specified items. Woollett will make recommendations at the next Council meeting. Tyrell moved to adopt Resolution No. 61 -124, Buchan seconded, roll call vote as follows: AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell & Fitzjohn NOES: Councilmen -None ABSENT: Councilmen -None Tyrell commented at this time that the Sheriffs reserves gave won derful service .last w::ek -end at the Camellia Festival. 12. RECOMMENDATIONS OF THE PLANNING COMMISSION: 1. ZONE CHANGE CASE 61 -15, ROGERS, 6320 TEMPLE CITY BLVD.: RE- COMMEND DENIAL. Request was made so Mr. Rogers could construct multiple units. Tyrell moved to approve the recommendation of the Planning Com- mission and deny the request, Dickason seconded and carried. 2. ZONE CHANGE CASE 60 -11 INITIATED BY PLANNING COMMISSION .a:`f'.: TO CHANGE EXISTING A -1 ACRE AREA TO R -1. Woollett stated the Council did approve at such time as final tract map is approved,the area between Zadell and Glickman which at the present time is at the subdivision department for checkinc The people in the surrounding areas indicated they would like to have their property re- zoned. Two public hearings were held by the Planning Commission and it was their feeling as we are working on a Master Plan that they recommend you reject the re- quest for R -1 as it has been tied in with the Master Plan. Many of them would prefer A -1 rather than R -1. The recommendation of the Planning Commission at this time is that it be denied and held for action at a later date. Dickason moved to adopt the recommendations of the Planning Commission to deny, Merritt seconded and carried. 3. ZONE — CHANGE CASE 60 -12 UNDERWOOD, ET AL: REQUEST CHANGE FROM A -1 to R -3 OF AREA FROM...LIVE "OAK TO FREER ON LINE BETWEEN MC- CULLOCH & WELLAND, TO DOUBLE DRIVE: RECOMMEND NO CHANGE AT PRE- SENT TIME. Woollett stated this area is bounded on the south by Freer, and the north by Arcadia and is presently zoned as A -1 5000 and request is for R -3 which would permit unlimited , multiple units. 260 property owners received notices who were �r7 MA+Tei. \34,l °represented on application and 99 other people representing 64 parcels. Also objections by people owning smaller lots represent ing 64 other parcels who were against it. The Planning Commis- sion recommend the request be denied and referred to the Master Planners. Merritt moved to adopt the recommendations of the Planning Commission, Dickason seconded. Jack Beardsley, 5551 Welland, stated he had just read the min- utes of the last hearing held and it was his impression that percentage was greater in favor of the change and not the figure_ Mr. Woollett read just now. Woollett stated there was a request from the audience to count the number signing for request and also signing petition. The figures he gave the Council tonight were the ones showing that the two petitions counter - balanced each other. Mr. Beardsley stated square footage wise the people are for it and those against own the smaller lots. He is for the .change. Waiting for a Master Plan decision would run into many months. From a financial standpoint they do not wish to wait a year or longer so he would like to have some further comment from the Council. Dickason said we are going to have to declare a moratorium if we are going to get the best use of the Master Planners. if we ap- prove one we are going to get lots of pressure to do others as 136 Council Minutes, February 27, 1961, page 6 well. We want to get an orderly development by a Master Plan and that is why we are hiring experts to develop the City to the ultimate. If we give way to one request we will have to on others also. Mr. Beardsley stated from the Master Plan standpoint he cannot se how it would greatly effect it as to changing any plans for the City. There is a buffer zone along Live Oak and in a great many places R -3 has been granted next to R -1 zone. He can sympathize with small lot owners but we are next to Live Oak and the size of the lots would indicate that they need to develop them. The Mayor called for the vote, and the motion was carried. 13. COMMUNICATIONS: a. PROPOSED ANNEXATIONS: 1- 2 -3 -4. Woollett presented letters from the County Boundary Commission advising of proposed annexations #12 Baldwin Park, #253 El Monte, #254 El Monte, #12 So. El Monte, none of which directly effect Temple City. Tyrell moved to receive and file Merritt seconded and carried. b. Woollett read a letter from the City of Monterey Park re- proposed consolidation of municipal courts. Buchan moved to receive and file, Tyrell seconded and carried. c. Woollett read a letter from the Civil Air Patrol of So. Calif. Wing requesting a charitable solicitation permit to sell tick- ets to raise funds to send the C.A.P. Cadet band to Washington Dickason asked if this was gambling. Shatford said we can grar a permit as it is charitable. Buchan moved to grant, Merritt seconded. In favor Buchan, Merritt, Tyrell & Fitzjohn, dissent ing4,Dickasonywho qualified his vote by saying it was not against the raising of funds but the approach and he felt very strongly that if they are allowed to sell chances in the City we are going to have to let the gates down. It is a matter of principle. 14. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO DESIRE TO ADDRESS THE COUNCIL: Mr. Jack Beardsley, 5551 Welland, stated as follows: "This is the first time I have attended a Council meeting. I think all citi- zens should attend and find out what is going on in our City. I am a little surprised to see what 1 saw especially as you are gentlemen in our City. I feel that the bickering that is going on among you as Councilmen representing our City should not be at a public meeting. You should state how you feel . this sight of bickering I am a little ashamed of. In large cities there is none of that but they reserve private remarks for them- selves but not for the public. 15. MATTERS FROM CITY OFFICIALS: Woollett stated he would appreciate any comments on changes on the proposed budget preparation calendar which was submitted to the Council. Buchan asked about the dates of July 1 -10 for es- tablishment of budget accounts, and if that is just for account- ing procedure. Woollett advised it was as there may be changes at the last public meeting held and there will have to be admin- istrative changes and they would have to -set up. :the accounts rigl- to fit appropriations which will have to be done after approval. Woollett advised regarding recommendations on recording devices, inexpensiv that he is recommending the purchase of two rather nexpensiv recorders at $313. for two and 12 tapes which are 1200 ft. at $2. apiece. He suggests two because of the length of time of the meetings and it is impossible to record it all on a single tape, and in order not to have a break in the meeting he is recommendir purchase of two recorders. Tyrell felt it highly advantageous to keep a record of what is said at meetings and recommended checking into the 2400 ft. tape rather than the 1200 ft. He thinks it essential that comments made be available to themselves in the future and the public. On 2400 ft. tape would need only one for a meeting. Tyrell said he would like to see some figures on 2400 ft. tape and machine. Woollett will get additional i nforrr _137 Council Minutes, February 27,.1961, page 7 ation for the next Council meeting. Woollett stated the 25th of May will soon be here and it is our 1st anniversary and he thinks it a good time for a celebration, and possibly a display which the City could make of equipment that is serving its citizens with individuals standing there i and demonstrating. Also a brochure of what your city is, ser- vices, council, commissions, etc. Also that it is quite differ- ent being a City rather than a part of the County. He asked. the Council to appoint a representative or two to a session that I would like to hold next week, and they will try and come up with recommendations to the Council of something we could do. Cities have done this many different ways. He has written different cities asking what they have done. He feels it is very important that our people know what is going on in this City and he requested the Mayor to appoint a couple of Councilmen to the Committee. Mayor Fitzjohn appointed Councilmen Jack Tyrell & Lou Merritt who both agreed to serve. Mayor Fitzjohn asked the City Manager if a report on the parking lots could be presented at the next Council meeting. It appears that all the lots are working out well except the one behind the shop of Leora Blessinger. Many park thereand take the bus to Los Angeles and suggested it might be necessary to put a time limit of two hours on this lot at the next meeting. Woollett advised he will have a full report at the next meeting and will also make an attempt to ascertain where people are going to work who park all day. We are checking two times a day. Merritt mentioned that at the school election he overheard the remark that we have incorporated and now are trying to raise the taxes. As the City schools are no part of the City government it was stated this could be covered in the brochure of the City. 16. ADJOURNMENT: Tyrell moved to adjourn, Dickason seconded, and carried. Ad- journed at 9:30 P. K. until the regular meeting on March 13, 1961, at 7:30 P. M. at the City Hall. ATTEST: Cd‘A-9-cart-..--• 4.4.) City Clerk Maygl 138