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