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HomeMy Public PortalAboutCity Council_Minutes_1969-08-19_Regular 1969COUNCIL MINUTES CITY OF TEMPLE CITY AUGUST 19, 1969 INITIATION: 1. Mayor Harker called the regular meeting of the City Council to order at 7:30 p.m. 2. The invocation was given by Rev. Jim Thomann, First Methodist Church of Temple City, 5957 Golden West.. 3. Mayor Harker led the Pledge of Allegiance to the Flag. 4. ROLL CALL: PRESENT: Councilmen: Briggs, Merritt, Tyrell, Harker ABSENT: Councilmen: Beckley ALSO PRESENT: Assistant City Manager Recupero, City Attorney Martin, Director of Recreation Kobett, Planning Director Dragicevich Councilman Merritt moved to excuse the absence of Councilman Beckley by reason of vacation, seconded by Councilman Briggs and unanimously carried. 5. APPROVAL OF MINUTES: Councilman Merritt moved to approve the minutes of the regular meeting of Augtst 5, 1969, as mailed, seconded by Councilman Tyrell and carried, Councilman Briggs abstaining because of his absence at the previous meeting. UNFINISHED BUSINESS: 6. PROPOSED AMENDMENT - TEMPLE CITY ZONING ORDINANCE: Re. HOUSEHOLD PETS Mayor Harker advised that Public Hearing on the matter of the proposed ordinance regulating household pets had been closed at the meeting of the Council on August 5, however Council deliber- ations had been carried over in order to hear testimony from people who are experts in the field of animal control, and health as it relates to animal control, which might be of benefit to both the Council and the community as a whole. Planning Director Dragicevich reported that, as directed at the previous meeting, staff had contacted several experts in the field of animals and birds, and that four resource persons were available to speak to the matter this evening as follows: Albert L. Baker, Public Health Investigator III, Los Angeles County Health Depart- ment; Frank S. Todd, Assistant Curator of Birds, Los Angeles Zoo; Lawrence Atkinson, D.V.M., 108 W. Las Tunas Drive, Arcadia; and Rae Anderson, Jr. Director of Aviculture Society, Sierra Madre. Albert L. Baker, Los Angeles. County Health Department, advised that his field of work dealt with diseases of birds, and what, if any, opportunity there was for these diseases to be transmitted to the populace. He advised that the State of California has a banding law for parakeets to protect the public against psittacosis which is more prevalent in parakeets than in any other bird, however the disease has been found in every feathered fowl. He stated that very few cases occur where humans contract the disease which acts like a respiratory infection. He explained that orthinosis was the same disease as psittacosis, however that the name psittacosis was applicable to hooked beaked birds. Council Minutes, August 19, 1969 - Page 2 Frank S. Todd, Los Angeles Zoo, in clarification, advised that the law relating to psittacossis was a federal law, and that untreated psittacine birds may not be brought into the country except to a zoo, such as the Los Angeles Zoo which is a treatment center; otherwise they are treated outside the United States at recognized treatment centers before they are brought in. Birds that are not so treated are confiscated, and either destroyed or sent to a treatment center. He stated that chances of buying a smuggled (untreated) bird are very slim. Mr. Todd felt that control of importation of birds was adequate and rigidly adhered to, and that the keeping of domestic birds in residential areas would not constitute a health threat to the people of the community. Dr. Lawrence Atkinson, veterinarian, discussed the quarantine period of 45 days on medicated feed for animals brought in from Mexico, South America, and points south, and advised that this must be certified. He stated that the disease is not prevalent becEuse of these regulations. In answer to inquiry, he stated that in his experience there would be no bearing as to the number of birds kept and the prevalence of psittacosis, as long as these agriculture laws are adhered t.o. Speaking on the topic of sick birds, Dr. Atkinson advised that Dr. Minsky, poultry pathologist, in 20 years of dealing with sick birds, had yet to see a case of human psittacosis involving a bird. He stated that birds with psittacosis die, and that anyone owning an aviary would not wish to bring in an imported bird that had not been treated, that would jeopardize his flock. Rae Anderson, Jr., Director of Aviculture Society, advised that an aviculturist keeps birds as a hobby, for pleasure and for scientific purposes for the perpetuation and conservation of the species. He commended the Council, Planning Commission and staff on the proposed ordinance, in that it had been carefully thought out in all aspects of animal control for a community of primarily R -1, R -2 and R -3 residences; and that problems beyond the regulations could be handled under the nuisance ordinance. As an additional suggestion, he stated that the number of birds and ,_. loft sizes allowed on an individual lot might be established on a graduated scale, according to the size of the lot. Planning Director Dragicevich advised that Mr. Francis Billie, who raised birds as a hobby for 35 years and was familiar with the problems, was available to speak to the Council, and Mr. Billie was asked to come forward. Francis Billie, 4935 Doreen Street, Temple City, reported that he had maintained an aviary on approximately 1/2 acre on Doreen Street for the past 16 years, and that he raises bi -rds as a hobby, many of which had been show specimens at the Los Angeles County Fair and other exhibits. He discussed items such as the unlikelihood of anyone raising flamingos on an R -1 lot, the possibility of keeping homing birds in a green house; and the number of varieties of homing pigeons being over 700. At this point Mayor Harker advised that while the Public Hearing . had been closed at the previous meeting, he would entertain a motion from the Council to re -open the hearing, at the same time asking the audience to limit remarks to new evidence, or evidence not submitted in the previous hearing. Councilman Briggs moved to open the Public Hearing,seconded by Councilman Merritt and unan- imously carried. John Burnenqo, 9425 Pentland, stated that his property is surrounded by property owners with bird cages, and that he objects to the flies and other problems caused by both birds and animals. Council Minutes, August 19, 1969 - Page 3 Boyce O'Bannon, 10316 E. Olive, spoke to the problem of Mrs. Juenemann, 4941 N. Doreen, who lives: next door to an aviary. He suggested that a permit system be established wherein certain standards would be required and regular inspections established. Councilman Tyrell advised Mrs. Juenemann that reports from the Health Department indicated compliance on the part of the aviary next door to her residence. Mrs. Juenemann, 4941 Doreen, spoke relative to problems; other • than rodent, and requested the Council to visit the site for first -hand information. Henry Kay, 6444 N. Oak, member of Sierra Racing Pigeon Club, advised that homing pigeons were flown north, and not south to the border; that cleanliness was very essential in raising them, and that federal regulations are complied with. The suggestion made by Mr. O'Bannon relative to a permit system was favorable to him. He also offered assistance to the City to get rid of street pigeons by means other than shooting. Mike Marshall, 51.04 Doreen, inquired what the ordinance does for us that we do not have under the nuisance laws. Councilman Tyrell replied that it establishes a prima facie violation, however it was the conditions that were the important factor. Speaking in favor of allowing residents to have animals, Mr. Marshall discussed the value of the permit system previously suggested. Councilman Tyrell noted that cost of inspections was a factor . to be considered. Councilman Merritt discussed the added encumbrance of the permit system. Andy Marshall, 5029 Doreen, advised that he was not familiar with the ordinance, and inquired if the City was seeking to find the violators, or whether this was done by complaint. Planning Director Dragicevich advised that the staff was small and acted only on complaint. Iola Bays, 5521 Loma., ..advised that she raised show. -type parrakeets, and suggested that the ordinance be left just as it is. Mayor Harker advised that the present ordinance would- not allow most :ofAhe. household pets residents were accustomed to keeping when the abate- ment period expired, and that the present efforts were to relax the restrictions presently in effect. Councilman Briggs moved to close the public hearing, seconded by Councilman Merritt and unanimously carried. Councilman Tyrell concurred in the suggestion made by Boyce O'Bannon in that a permit system may provide the answer to regulate the keeping of more than twelve adult birds; and also the inclusion of not more than two ducks in the animals that were allowed. Councilman Briggs concurred in the recommendation, stipulating inspections on a quarterly basis. Councilman Merritt stated that he did not object to setting a larger quantity, but that he did object to the requirement of a permit with the added encumbrance of inspections, on the basis of two or three objections. He stated that you could still have the problem with a few birds, without a permit. Councilman Tyrell moved that the City Attorney be instructed to prepare an ordinance, substantially along the recommendations of Exhibit "A ", except as follows: Item (2) to read "Not more than two rabbits, chickens, or ducks over three months of age "; Item (3) a) to read "not more than 1122 adult birds are _so maintained ", instead of 50 adult birds,',and :. Council Minutes, August 19, 1969 - Page 4 that a permit system be established for birds and animals other than those regulated above, using 7200 square feet as the basic lot size, with standards and fees to be determined (permit fees not to exceed actual cost of inspections), and quarterly inspec- tion by staff or others such as the resource persons who were available this evening; Item (3) c) delete last five words reading "located on the same lot. "; Item (3) d) to be added "that not more than 600 cu. ft. be devoted to such aviary. "; Item (5) amended to include the keeping of animals or fowl by "tax- supported, eleemosynary, or public educational institutions; and Item (6) added to read "All subject to the general nuisance ordinance.'' The motion was seconded by Councilman Briggs and carried by the following roll call vote: AYES: Councilmen: Briggs, Tyrell, Harker NOES: Councilmen: Merritt ABSENT: Councilmen: Beckley At this time Mayor Harker. declared ia.five- minute'r.ecess. The meeting reconvened at 9:50 p.m. 11. MATTERS FROM CITY OFFICIALS: A. CITY -WIDE LIGHTING DISTRICT. Mayor Harker. advised that consideration of the matter of a City- wide lighting district would be considered at this time inasmuch as Mr. Krelle of the engineering firm of Krelle & Lewis was avail- able for any questions the Council might have relative to the matter. He advised that the Study Committee had made certain recommendations to the City Council for consideration as follows: a) determination of separate zone for commercial area, and b) approval of select system streets to be improved. He stated that in order to have the report updated prior to a Public Hearing, tentatively scheduled for September 25, Krelle & Lewis had sub- mitted a proposal for re -doing the report; however, the determina- tion as to the separate zone for commercial area and select system streets was necessary for this report. Mr. Krelle provided information as to costs involved, advising that, if a "C" zone were created, the average home owner in the "A" zone would save about 35 a year, and in the "B" zone only about 18 a year, at the same time raising the "C" zone per hundred, plus extra administration costs by virtue of having a "C" zone. He further advised that for the past twenty years Las Tunas Drive and Temple City Boulevard have been in the same zone as all of other properties, so why create a new zone now? .Also, he stated that the law states, if you want to\create a zone, the properties with the same general type of lighting must be together, and that interpretation of this would create problems since from Live Oak to Garibaldi the same type of lighting exists in the residential area as in the business zone. Councilman Briggs stated that he could not see the value of a separate zone; and Councilman Tyrell expressed the opinion that when the malls were put in, the philosophy was that the lighting in the business district provided a convenience to shoppers. Councilman Harker expressed concern as to acceptance by the general public if a "C" zone were not created. Councilman Tyrell moved that the lighting district consist of two zone, seconded by Councilman Briggs. The motion carried by the following roll call vote: AYES: Councilmen: Briggs, Merritt, Tyrell NOES: Councilmen: Harker ABSENT: Councilmen: Beckley Council Minutes, August 19, 1969 - Page 5. Mayor Harker advised that as a result of the last motion it was not now necessary to include the "C" zone in the study in updating the proposal. Councilman Tyrell moved to approve the select system of streets to be improved to be as recommended by the Study Committee and by staff, i.e., Baldwin Avenue, Temple City Boulevard and Broadway. Councilman Briggs seconded and the motion carried unanimously. Councilman Briggs moved to accept the proposal for engineering services from Krelle & Lewis to update the engineering study on the lighting district preparatory to Public Hearing on September 25, 1969, Councilman Merritt seconded, and the motion carried unan- imously. 7 RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION - Adjourned Meeting of August 6, 1969 Director of Recreation Kobett advised that a request from Temple City Youth Football, Inc. for renewal of co- sponsorship for 1969- 1970 season was considered by the Parks & Recreation Commission at their adjourned meeting of August 6, 1969, at which time the Commission recommended approval. Councilman Tyrell moved to approve the renewal of co- sponsorship as recommended, seconded by Councilman Briggs and unanimously carried. 8. WARRANTS & DEMANDS: RESOLUTION No. 69 -940. Councilman Tyrell moved to adopt Resolution No. 69 -940, A RESOL- UTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $26,597.59, DEMAND NOS. 507 THROUGH 591.: Councilman Briggs seconded and the motion carried unanimously. 9. COMMUNICATIONS: Assistant City Manager Recupero presented a request from the Temple City Chamber of Commerce to hold sidewalk sale on Friday, August 22, 1969, from 9 a.m. to 9 p.m., between Primrose and Camellia. Councilman Briggs moved to approve, subject to liability insurance requirements, seconded by Councilman Tyrell and unanimously carried. 10. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: Bob Sorenson, 9901 Bogue, spoke to the Council relative to their discussion in approving zones for the lighting district, stating that he did not feel political decisions should be made for any reason whatsoever. He also discussed public apathy and stimulation of interest in the public for various items before the Council. Mayor'Harker:cailed attention to the formation of the Youth Commission presently underway, and invited Bob to complete an application, inasmuch as he has been present and participated in recent Council discussions and was qualified to serve on the Commission. 11. MATTERS FROM CITY OFFICIALS: A. City -wide Lighting District. This item was discussed earlier in the meeting. B. Corporation Yard - Acquisition of Property at 9221 Pentland Assistant City Manager Recupero advised that a report from the City Attorney indicates an impasse in negotiations to purchase the property unless an amount of $750 above the appraisal is au_th.or i7ed, :.by::.the. Council to negotiate the purchase. Council- man Tyrell moved to approve the amount of $19,000 to purchase the subject property for a corporation yard, seconded by Councilman Merritt and unanimously carried. 1 C • ouncil Minutes, August 19, 1969 - Page 6 C. Personnel Appointments. Assistant City Manager presented Resolution No. 69 -941, appointing Terry L. Lantz to the position of Administrative Assistant, effective September 2, 1969, and Resolution No. 69 -942, appointing James Peg l au to the .pos i :ti on-,of Superintendent , of Buildings, Grounds and Parkways, effective August 21, 1969. Councilman Briggs moved to adopt Resolution Nos. 69 -941 and 69 -942, seconded. by Councilman Tyrell and unanimously carried. D. Planning Commission Recommendations - Meeting of August 12, 1969. Planning Director Dragicevich advised that in regard to vacant service stations, the Planning Commission had recommended that uporistaff. Proposal, .:a public hearing be held to determine the status of individual service stations, and, where necessary, proceed with abatement under existing City regulations. Council- men Briggs and Tyrell considered that when a service station is vacant six months it automatically is a nuisance and should be set for Public Hearing. City Attorney Martin advised that when a station is vacant six months, investigation proceedings are immediately initiated, shifting the burden to the property owner to prove otherwise. Staff was directed to proceed immediately to complete proceedings on service stations presently vacant for six months' period so that Public Hearings could be set. E. Traffic Signal, Temple City Boulevard at La Rosa - Acceptance of Work - Notice of, Compbet ion. (Cash Contract .80552) Assistant City Manager Recupero reported that the contractor, Steiny & Mitchel, had satisfactorily completed the installation of Traffic Signal at Temple City Boulevard and La Rosa, and it was the recommendation of the County Road Department and the Director of Public Works that the work be accepted; that filing of Notice of Completion be authorized; and the withholding of 10% for a minimum of 35 days after recordation of final Notice of Completion be authorized. It was so moved by Councilman Tyrell, seconded by Councilman_ Briggs _and ._unanimously carried. F. Camellia Family Billiards - 9055 Las Tunas Drive - New Application (Transfer of Ownership) Assistant City Manager Recupero advised that an application had been received for transfer of ownership of the above - mentioned business and recommended setting for Public Hearing on September 2, 1969. Councilman Briggs moved to set the Public Hearing for September 2, 1969, at 7:30 p.m. in the City Hall, seconded by Councilman 'Merritt and unanimously carried. 12. ADJOURNMENT: Councilman Tyrell moved to adjourn to the next regular meeting of the City Council, to be held on Tuesday, September 2, 1969, at 7:30 p.m. in the Council Chambers of the City Hall, 5938 North Kauffman Avenue, Temple City. The motion was seconded and unanimously carried. The meeting adjour2ed at 10:18 p.m. 1 ATTEST: B, ITY CLERK ,Gwe zc✓C.�i�G�e�.- MAYOR