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.
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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:
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MAYOR