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:
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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.
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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-
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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