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HomeMy Public PortalAboutCity Council_Minutes_1969-08-05_Regular 1969COUNCIL MINUTES CITY OF TEMPLE CITY AUGUST 5, 1969 INITIATION: 1. Mayor Harker called the regular meeting of the City Council to order at 7:35 p.m. 2. The invocation was given by the Rev. Roger Hillis, Westminster Pres- byterian Church, 9642 Live Oak, Temple City. 3. Mayor Harker led the Pledge of Allegiance to the Flag. 4. ROLL CALL: PRESENT: Councilmen: Beckley, Merritt, Tyrell, Harker ABSENT: Councilmen: Briggs ALSO PRESENT: City Manager Koski, City Attorney Martin, Director of Public Works Pizzorno, Director of Recreation Kobett Councilman Tyrell moved that Councilman Briggs' absence be excused for business reasons, seconded by Councilman Merritt and unanimously carried. Before proceeding with the order of business, Mayor Harker extended to Rev. Hillis best wishes of the Council on his forthcoming ministry in Hemet, California. At this time, Mr. Ralph Emerson, Manager of the Temple City District Office, Automobile Club of Southern California~, on behalf of the American Automobile Association, presented an award of merit for pedestrian safety to Mayor Harker, recognizing the City's participation in the pedestrian safety program,, and achievement _. among the .top 15% of. the cities between 25 and 50 thousand population, in 1968. Mayor Harker expressed apprec- iation for the Council and the City to the American. Automobile Association and the Automobile Club of Southern California for the safety program, and for the recognition to Temple City in receiving the award. 5. APPROVAL OF MINUTES: Councilman Merritt moved to approve the minutes of the regular meeting of July 15, 1969, as. mailed, seconded by Councilman Beckley and unanimously carried. UNFINISHED BUSINESS: 6. PUBLIC HEARING: 7:30 p.m. Re. Amendment to Temple City Zoning Ordinance to include major types of Shopping Centers in Conditional Use Permit Classification. City Manager Koski presented background information relative to previous Planning Commission studies, wherein Resolution No. 69 -340PC had been adopted recommending placement under conditional use permit category, shopping centers in excess of 30,000 sq. ft. Mayor Harker declared the Public Hearing open and invited those in the audience to come forward to speak either for or against the recommendation. No one came forward to speak either for or against. Councilman Beckley moved to close the public hearing, seconded by Councilman Merritt and unanimously carried. Councilman Beckley suggested that a checklist of criteria be prepared, not as a requirement, but to assist the Planning Commission in their considerations. Council Minutes, August 5, 1969 - Page 2 City Attorney Martin presented Ordinance No 6g -292 for first reading, recommending that the matter be referred back to the Planning Commission to develop criteria. Councilman Tyrell moved to waive further reading of Ordinance No. 69 -292 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING THE ZONING CODE WITH RESPECT TO SHOPPING CENTERS, and to refer back to the Planning Commission to develop standards for this type of devel- opment, seconded by Councilman Beckley and unanimously carried. 7. PUBLIC HEARING: 7:30 p.m. Re. Amendment to Temple City Zoning Ordinance with Reference to Household Pets City Manager Koski presented background information relative to Planning Commission recommendations. He advised that the proposed ordinance would relax the restrictions presently in effect. Pro- posed regulations included in Exhibit "A" were read in their entirety. Mayor Harker declared the Public Hearing open and invited those present who wished to speak for or against the matter to come forward. James C. MacLaren, 9428 Blackley, speaking in favor of the proposed ordinance, stated that the new regulations would be of particular benefit to children in their responsibility of caring for pets, and for their educational pursuits. He presented. a petition containing signatures of 83 voters and 38 young citizens of Temple City, in favor of the proposed ordinance. Mr. MacLaren added that . he would prefer that the ordinance go farther, and have no limitations on the number of pets, or to provide for flexibility. Harold Gaffrey, 5305 Alessandro, speaking in opposition to the pro - posed ordinance, stated that he was opposed to any restrictions whatsoever relative to the number and kind of pets, except insofar as health regulations and /or noise nuisance were concerned. He inquired as to why the Council was seeking to interfere with citizen rights in this regard. Mayor Harker outlined the background of ordinances restricting animals within the City, and advised that the present effort to modify the restrictions was initiated at this time because the abatement period of certain types of_enimals had been reached under the present ordinance, and that the proposed ordinance was not as limiting as the present restrictions. Boyce O'Bannon, 10316 E. Olive, stated he was in favor of the pro- posed ordinance as written. Mrs. Juenemann, 4941 N. Doreen, directed her concerns to restricting, birds more effectively than the present ordinance, which was not covered in the proposed ordinance. She stated that problems of . rats and filth are caused by an aviary located next door to her home, and that the Health Department had not assisted in abating the problem under the present ordinance. Staff was directed to check into the matter of rodents in this area at their earliest convenience, and to take whatever steps are necessary to effect the control of rodents. Henry Kay, 6444 N. Oak, and a member of the Sierra Racing Pigeon Club, was in favor of the proposed ordinance, in behalf of his hobby and that of other homing pigeon enthusiasts. While in favor of the ordinance, however, he suggested further relaxation of an unrealistic footage requirement of 10' from the property line. Council discussed the requirement of 10' from the property line for bird lofts, and it was the consensus that an alternative to this requirement should be given consideration by the Planning Commission, keeping in mind any adverse health aspects and noise nuisance. Council Minutes, August 5, 1969 - Page 3 Louise Milicic, 9095. Olive, stated that she was opposed to any relaxing of regulations of the present ordinance, since she already has a problem of a rooster and other animals next door to her residence, which she felt should be abated. Ross Bayley, 10030 Daines, stated that he was in favor of the pro- posed ordinance since it was less restrictive, allowing more personal rights to all citizens. A letter protesting the liberalized ordinance was received from Mr. and Mrs. John J. Brunengo, 9425 Pentland Street. No one else came forward to speak either for or against the proposal. Councilman Merritt moved to close the. Public Hearing, Councilman Beckley seconded, and the motion carried unanimously. Councilman Beckley stated that it was evident that it was not possible to come up with an ordinance to satisfy everyone, but that it was now necessary to come up with a reasonable compromise, not as restrictive as we were but still restrictive enough to provide for health and mutual security of citizens. It was his opinion that a 10' from- property -line requirement for bird lofts may be unrealistic if a solid wall was in existence. Councilman Merritt also noted that many lots in Temple City were minimum lots of 5000 sq. ft. and the 10' from - property -line require- ment would not be practical, as well as the 40' from- residence requirement, for the placing of bird lofts. It was noted that standard minimum requirements in the County for bird lofts is 35' from a residence. Councilman Merritt also stated that the expense of $100 to request a variance may not be within the means of groups such as 4 -H Club members who may wish to raise show animals, not of a household pet variety. Councilman Tyrell expressed concern in the categorizing of all birds together, since 50 parakeets or 50 parrots may provide more problems than 50 racing pigeons. City Manager Koski advised that since the matter of health, and some of the other aspects would need to be weighed heavily, that the matter could be carried over and other resources, such as Health Department officials, could be contacted in order to pro- vide additional information relative to health and safety. Mayor Harker summarized the viewpoints that had come before the Council and the alternatives that were open to the Council. Councilman Merritt moved to continue the matter to the next regular meeting of the Council, to be held on Tuesday, August 19, 1969, in order to receive further information relative to health and safety. The motion was seconded by Councilman Tyrell and unanimously carried. NEW BUSINESS: 8. ORDINANCE No.69 -291: 1st read. Amending Section 3100 of the Temple City Municipal Code and readopting Fire Code of the County of Los Angeles as the Fire Code of the City of Temple City. City Attorney Martin presented Ordinance No. 69 -291 entitled AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTION 3100 OF THE TEMPLE CITY MUNICIPAL CODE AND READOPTING THE FIRE CODE OF THE COUNTY OF LOS ANGELES AS THE FIRE CODE OF THE CITY OF TEMPLE CITY as an urgency ordinance to be adopted by reference. Councilman Merritt moved to waive further reading, and set for Public Hearing on September 2, 1969, at 7:30 p.m. in the City Hall, for adopting by reference. Council Minutes, August 5, 1969 - Page 4 9. LONGDEN AVENUE, LIVIA TO OAK (Cash Contract 0343X) - Request for Time Extension. City Manager Koski advised that a request had been received from the Road Department for extension of time, without penalty, for Cash Contract 0343X, Longden Avenue, amounting to the number of working days the contractor, Louis S. Lopez, is delayed by a construction industry strike. It was moved by Councilman Merritt to approve the extension of the contract for the period of time of the strike, seconded by Councilman Beckley and unanimously carried. 10. APPEAL - CONDITIONAL USE PERMIT No. 69 -291PC 9503 E. Las Tunas Drive, Temple City (drive -in restaurant) City Manager Koski advised that an appeal had been received from Harold Butler Enterprises #835, Inc., Thomas Speer, Director of Construction, relative to Conditional Use Permit Case No. 69 -291PC and Resolution No. 69 -343, granted by the Planning Commission. Councilman Tyrell moved to set for Public Hearing on Tuesday, September 2, 1969, at 7:30 p.m. in the City Hall, seconded by Councilman Beckley and unanimously carried. 11. SET PUBLIC HEARING: Re. Assessments - Underground Utility District No. 1 City Manager Koski advised that conversion to electrical service to receive underground uti l ities in Underground Uti l ity District No. 1 had now been accomplished on 65 parcels, for which six parcels required the work to be performed by the City, and it was recommended that Public Hearing be for the assessment on these six parcels. Councilman Tyrell moved to set for Public Hearing on Tuesday, September 2, 1969, at 7:30 p.m. in the City Hall, seconded by Councilman Merritt and unanimously carried. 12. BROADWAY IMPROVEMENT PROJECT - ROSEMEAD TO ENCINITA ACQUISITION OF,RIGHT -OF -WAY City Manager Koski advised that negotiations had been completed for the acquisition of corner cut -offs on three additional pro- perties for right -of -way for Broadway Improvement Project, Rosemead to Encinita, and that deeds had been signed. Council- man Tyrell moved to approve the acquisition and authorize payment in the amounts specified in memorandum to City Council dated July 31, 1969, seconded by Councilman Merritt and unanimously carried. 13. PERSONNEL APPOINTMENTS: City Manager Koski presented Resolution No. 69 -938, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL - TEMPORARY. Councilman Tyrell moved to approve, seconded by Councilman Merritt and unanimously carried. 14. WARRANTS & DEMANDS: RESOLUTION No. 69 -937. Councilman Merritt moved to adopt Resolution No. 69 -937, A RESOL- UTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $98,586.16, DEMAND NOS. 395 THROUGH 506. Mayor Harker seconded and the motion carried unanimously. 15. COMMUNICATIONS: A. City Manager Koski presented a communication from Charles Ristow, Superintendent of Maintenance, Buildings, Grounds and Parkways, expressing appreciation for attendance of the Coun- cil at his retirement dinner on August 1, and for the beauti- ful plaque presented to him by the Council. Council Minutes, August 5, 1969 - Page 5 B. City Manager Koski presented a memorandum from the County Fire.Department, reporting information on the cause of fires in the Temple City area during the period from July 1 through. July 15, 1969, noting two fires had been caused by fireworks during the period, with total loss at $75; and 8 various non - structure fires caused by children playing with matches for a.total loss of $25. 1 6 .. T I ME._ FOR. THOSE._ I N AU_D I_EN.CE.._WHO WISH. TO SPEAK : No one came forward. 17. MATTERS FROM CITY OFFICIALS: City Manager Koski presented Resolution No. 69 -939 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AN ASSESSMENT DIAGRAM, PLANS, SPECIFICATIONS, ESTIMATE AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STREET LIGHTING ACT OF 1919, AS AMENDED, FOR THE INSTALLATION OF, FOR THE FURNISHING OF ELECTRIC CURRENT, AND FOR THE MAINTENANCE OF CERTAIN LIGHTING FIXTURES AND APPLIANCES IN SAID CITY, advising that this was the first step in pursuing the City -wide consolidated lighting district, and that the resolution, in essence, requests the City engineer to update the report presented last year. Councilman Beckley moved to approve, seconded by Councilman Merritt and unan- imously carried. City Manager Koski advised that the appointments of John Garver and Henry Stegmann to the Traffic Commission, expired at this time, and that confirmation had been received relative to their willing - ness to continue in this capacity. It was moved by Councilman Merritt, seconded by Councilman Beckley and unanimously carried that Commissioners Garver and Stegmann,be reappointed to the Traffic Commission for two -year terms, to expire August 1, 1971. Parks and Recreation Director Kobett presented a recommendation from the Parks and Recreation Commission for the Temple City Family Young Men's Christian Association to use Temple City Park for the purpose of a Rally, including concession and refreshment stands, on Saturday, October 11, 1969. Councilman Tyrell expressed serious concern as to the use of the park for this purpose since there could be damages to the turf, suggesting other resources such as the parking malls or other paved areas when events of this type are staged. Councilmen Merritt and Beckley considered that the park belonged to the people and that use of the park should not be prohibited. Councilman Merritt moved to approve the request as recommended by the Parks and .Recreation Commission, seconded by Councilman Beckley. The motion carried by the following roll call vote. AYES: Councilmen ,Beckley, Merritt, Harker NOES: Councilmen - Tyrell ABSENT: Councilmen- Briggs City Manager Koski advised that negotiations were in progress for the three properties on Daines Drive and that some type of agreeable settlement would be forthcoming in the near future. He advised that the three property owners were present in the audience. Council discussed briefly the various aspects involved for the improvement of Daines Drive. 1 1 Council Minutes, August 5, 1969 - Page 6 18 ADJOURNMENT: It was moved by Councilman Beckley to adjourn to a study session, seconded by Councilman Merritt and unanimously carried, and the meeting adjourned at 9:50 p.m. Following a study session, Council reconvened at 10:30p.m. and took the following action: A. Approved the retention of the engineering firm of Krelle and Lewis as Engineering Consultant relative to the forma- tion of the proposed Temple City Lighting District. B. Approved the retention of Charles Martin as Special Counsel, relative to the formation of the proposed Temple City Lighting District. Following disposition of the above items, the City Council adjourned at 10:35 p.m. The next regular meeting of the City Council will be held on Tuesday, August 19, 1969, at 7:30 p.m. in the Council Chambers of the City Hall, 5938 North Kauffman Avenue, Temple City. ATTEST: B 1 xee- MAYOR