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HomeMy Public PortalAboutCity Council_Minutes_1989-11-07_Regular 1989CITY OF TEMPLE CITY CITY COUNCIL MINUTES NOVEMBER 7, 1989 INITIATION: 1. CALL TO ORDER: Pursuant to Agenda posted November 3, 1989, Mayor Froehle called the meeting of the City Council to order at 7:30 P.M. on Tuesday, November 7, 1989. 2. The invocation was given by Reverend Barry Vail. 3. The Pledge of Allegiance to the Flag was led by Mayor Froehle. 4. ROLL CALL: Present: Councilmembers Atkins, Breazeal, Gillanders, Swain and Froehle Also Present: City Manager Koski, City Attorney Martin, Public Works Coordinator Peterson, Parks & Recreation Director Kobett, Community Devel- opment Director Dawson, and SGV Tribune Staff Writer Medve Presentation: Janel Barba of the Automobile Club of Southern California presented the City with the "Pedes- trian Safety Award - 1989 ". 5. CONSENT CALENDAR: Councilmember Breazeal moved to approve the Consent Calendar as presented, seconded by Councilmember Atkins and unanimously carried. A. APPROVAL OF MINUTES - Regular Meeting of October 17, 1989 Council approved the Minutes of the regular meeting of October 17, 1989 as submitted. City Council Minutes, November 7, 1989 - Page 2 B. RECOMMENDATION FROM PARKS & RECREATION COMMISSION REGULAR MEETING OF OCTOBER 18, 1989 - REQUEST FOR USE OF TEMPLE CITY PARK BY TEMPLE CITY CHAMBER OF COMMERCE - Council approved a request for use of Temple City Park by Temple City Chamber of Commerce on December 9, 1989 from 3:00 p.m. to 8:00 p.m. to conduct a Christmas Holiday Event subject to the required Certificate of Insurance from the Chamber as well as every participating organiza- tion that distributed food or beverages during the event either on a free, donation or cost basis. C. PROPOSED IMPROVEMENTS TO TEMPLE CITY PARK USING STATE GRANT FUNDS - PUBLIC RESOURCES ACCOUNT - Mayor Froehle asked if the funds could be used for light- ing at Live Oak Park. City Manager Koski stated that they could not. Council approved a request to authorize the filing of appropriate application for State Grant Funds in the amount of $22,655.00 for the safety /security lighting project in Temple City Park, and adopted Resolution No. 89 -2911 and authorized Mayor and City Manager to sign application. D. ACCEPTANCE OF BID: PROJECT 89 -4, LA ROSA MAINTENANCE FACILITY - Council approved and accepted the bids received for this project and awarded the contract to Contractors Specialty Services, Inc. in the amount of $19,000.00 and authorized the Mayor and City Clerk to sign appropriate documents. E. 1990 CAMELLIA FESTIVAL - Council approved the selection of Marie Corrigan as Gen- eral Chairman for the 1989 -90 Camellia Festival, payment of the Camellia Festival rent expenses pursuant to the new agreement with the Chamber of Commerce and confirmed the Camellia Festival as a program and activity of the City of Temple City. F. MUNICIPAL CODE AMENDMENT: ORDINANCE NO. 89 -657 (2ND READ- ING) RELATING TO CHANGE IN APPROVAL OF OVERNIGHT PARKING PERMITS - Council waived further reading and adopted Ordinance 89 -657 which transfers approval authority for annual overnight parking permits from the Traffic Commission to the City staff. 1 City Council Minutes, November 7, 1989 - Page 3 G. FINAL MAP APPROVAL: PARCEL MAP NO. 20350 AT 10519 OLIVE STREET (OWEN CONSTRUCTION) - Council approved the final parcel map, approved and ac- cepted the work agreement and improvement securities, made findings as enumerated in the L.A.County Public Works letter of October 16, 1989 and authorized City Clerk to sign face of the map which embodies the approval of said map. H. REQUEST FOR AUTHORIZATION TO ATTEND FINANCIAL MANAGEMENT SEMINAR - MONTEREY, DECEMBER 6 - 8, 1989 - Council approved attendance and authorized necessary expenditures for the City Treasurer to attend the Finan- cial Management Seminar to be held in Monterey on December 6 -8, 1989. I. PROPOSAL FOR ELECTION SERVICES, GENERAL MUNICIPAL ELECTION 1990 - Council approved the proposal for election services from Martin & Chapman Company in the amount of $8,755.75 for the General Municipal Election to be held on April 10, 1990. J. CLAIM FOR DAMAGES: 1) MICKLETA ROCHAN EDMUND 2) BRAD PARKER Council denied the claims received against the City and referred them to JPIA. K. RESOLUTION NO. 89 -2910: APPOINTMENT OF PERSONNEL Council adopted Resolution No. 89 -2910 appointing City personnel. L. RESOLUTION NO. 89 -2912: APPROVAL OF PAYMENT OF BILLS Council adopted Resolution No. 89 -2912 allowing claims and demands in the amount of $541,312.34. 6. UNFINISHED BUSINESS: A. FINAL REPORT: CITYWIDE CURB AND GUTTER SURVEY - City Manager Koski presented the background information to the Council stating that throughout the City, curbs and gutters which were installed as much as sixty years ago are now becoming deteriorated. A City -wide survey was conducted by Dwight French and Associates of the City's 144 miles of curbs and gutters. The results showed there is currently over 26,000 linear feet of damaged curb and gutter and repair would cost over $1,000,000. The survey City Council Minutes, November 7, 1989 - Page 4 report has been reviewed by Staff, Traffic Commission and the City Attorney and suggested to be used as a reference document in planning and preparation the annual Public Works maintenance program. Mayor Froehle asked for comments from the Council. Councilmember Gillanders stated he would accept with the understanding that differences could exist in the report. Councilmember Atkins agreed and stated the survey could propose a few economic problems. Councilmember Swain had no comments and would accept the survey with future discussion during budget preparation. Councilmember Breazeal agreed with all comments made and moved to accept the report and map as prepared by the Engineer and reviewed by the Traffic Commission, City Attorney and staff as a reference document to assist in the planning and preparation of the annual Public Works Maintenance program, seconded by Councilmember Swain and unanimously carried. B. AGREEMENT FOR ACQUISITION OF PROPERTY LOCATED AT 5803 -07 ROSEMEAD BLVD AND 8917 -23 ELM AVENUE (MCAULEY) - City Manager Koski, giving the background information on this item, noted that on October 17, 1989, City Council adopted Resolution No. 89 -2909, Finding and Determining the Public Interest for Acquisition of the property in question. Staff has reached a final agreement with Dr. and Mrs. McAuley as previously approved by the City Coun- cil. Councilmember Gillanders moved to approve Agreement for Acquisition of Real Property and adopt Resolution No. 89 -2913 authorizing the City Manager to accept the Grant Deed and execute the contract on behalf of the City, seconded by Councilmember Breazeal and unanimously car- ried. 7. NEW BUSINESS: A. PUBLIC HEARING: APPEAL OF DECISION OF PLANNING COMMISSION DENYING A MODIFICATION TO CONDITIONAL USE PERMIT 82 -668 AT 9669 LAS TUNAS DRIVE (TEMPLE GARDEN RESTAURANT- WANG)- City Manager Koski presented background information stat- ing that the Planning Commission denied a request to modify a previously approved Conditional Use Permit to extend the hours of operation from 10:30 p.m. to 1 a.m. daily. The Commission's reasons for denial were the proximity to a residential zone, potential traffic and parking impacts, and potential adverse effects upon sur- rounding properties. 1 1 City Council Minutes, November 7, 1989 - Page 5 Mayor Froehle declared the public hearing open and invited anyone wishing to address Council on this matter to come forward at this time. Mike B. Miller, 135 East Live Oak Avenue, Arcadia, stated that in 1988 the Conditional Use Permit extended the seating capacity to 96. He expressed his concern of increased traffic and said that the owner would be willing to work with the City in order avoid any problems. He stated that there have been no complaints to the evening activities. Director Dawson confirmed that fact, but stated that the restaurant's closing hour is 10:30 p.m. Mr. Miller stated that the increase in patrons would be between 20 -25. Buses, possibly mini -vans, would be used. Arrangements could be made for the vehicles to park on the street. As a condition, the City could require a security guard on the site. He further stated that there exists a second parking lot between the residential area and the restaurant parking area. This acts as another buffer and the back door will be closed, patrons will use the street entrance. Councilmember Swain asked Mr. Miller if the applicant would accept a condition of keeping the back door closed to patrons. Mr. Miller stated that the door is closed at 9 p.m. and used only for emergencies. Councilmember Breazeal did not understand how the increase in customers would only be 20 -25, when buses would be bringing them to the restaurant. He also asked about previous problems with disposal of garbage. Mr. Miller stated the final details with the bus company have not been worked out. He believed mini vans will be used and the increase in customers would be between 25 -30. As to the issue of trash, his clients have made every effort to comply and have not been cited. Elmer Black, 9519 Las Tunas Drive, did not want the past history of the site to influence the Council's decision. He visited the restaurant when it was the Ivanhoe and also recently as the Temple Garden. There was a big difference between the two. There was no live entertainment, just a wide screen TV. There is a security guard and the drink- ing law is enforced. City Council Minutes, November 7, 1989 - Page 6 Shirley Raschke, 9659 -1/2 Las Tunas Drive, lives about 3 doors west of the restaurant. Noise is still a problem. Boisterous and argumentative conversation can be heard at night. At 11 p.m. people are still congregating outside the establishment and in the parking lot. Jack Hill, 5931 Kauffman Avenue, stated that on several occasions buses pull into the parking at 12 noon taking up several parking spaces which are shared with other busi- nesses. He has never seen mini vans used, but has seen the large tour buses which leave the motor running. He is the second house from the parking lot and does not hear as much noise during the evening hours as his neighbor on the south. Becky Kline, 5925 Kauffman Avenue, lives next to the parking lot, stated she has also seen tour buses in the parking lot and has been awaken at 1 a.m. to what sounded like a fight. Lucinda Grant, 5434 El Monte, confirmed the statements made by those in opposition and indicated she had not witnessed any problems after 10:30 p.m. Mr. Miller agreed that the tour buses should not be park- ing in the lots and arrangements could be made with the bus company. As there was no one else who wished to address this matter, Councilmember Breazeal moved to close the public hearing, seconded by Councilmember Atkins and unanimously carried. Councilmember Swain stated that since the request has been made to modify the Conditional Use Permit that she felt the Council should correct the trash problem and amend conditions 7 and 8 on the Planning Commission Resolution. Councilmember Breazeal indicated he could not approve a use that is not compatible with the surrounding areas. Councilmember Atkins concurred. Councilmember Gillanders stated he could not support extending the hours and concurred with Councilmember Swain's suggestions. He indicated he would like staff to address the problem with the buses. 1 1 1 City Council Minutes, November 7, 1989 - Page 7 Councilmember Swain moved to deny modification to Condi- tional Use Permit 82 -668 to extend the hours of operation to 1:00 a.m. for the Temple Garden Restaurant located at 9669 Las Tunas Drive based upon the statements of the individual councilmembers, and adopt a City Council Resolution modifying the Conditions on Resolution No. 88- 1415PC to read as follows: 7. A separate "waterproof" trash bin shall be located on the premises for the disposal of food wastes. The bin shall have lids that are to be kept closed at all times. All foodstuffs disposed in this bin shall be contained in sealed plastic bags or compa- rable containers before being placed in said bin. The cost of providing the additional "waterproof" trash bin shall be the responsibility of the restau- rant operator or the property owner. 8. Trash and waste contained in the "waterproof" bin shall be picked up and removed from the site no less than three times weekly or more often if deemed necessary by the Community Development Director. Any additional cost for the three times per week trash removal shall be the responsibility of the restau- rant operator or the property owner. The motion was seconded by Councilmember Atkins and unani- mously carried. B. MUNICIPAL CODE AMENDMENTS: VARIOUS SECTIONS - City Manager Koski, providing background information, stated there were several administrative inconsistencies which currently exist in the Municipal Code and should be corrected prior to reproduction of the newly codified Code. Councilmember Atkins felt that Section 2207 of the Municipal Code should be reworded to read as follows: "B. to appoint, promote, discipline and /or remove offi- cers and employees of the City except the City Attorney; to transfer employees from one department to another; and to consolidate or combine office, position, departments or units under his jurisdic- tion;" Councilmember Atkins introduced for first reading Ordi- nance No. 89 -658 as amended by title only, seconded by Councilmember Gillanders and unanimously carried. City Council Minutes, November 7, 1989 - Page 8 C. ADOPTION OF LOS ANGELES COUNTY BUILDING, ELECTRICAL, PLUMBING AND MECHANICAL FEES BY REFERENCE - Presenting background information, City Manager Koski stated the current fee schedule was adopted as part of the 1984 Code. Due to an increase in construction, additional inspection services are required, and an increase is justifiable based on the change in the cost of living index. Councilmember Gillanders introduced for first reading Ordinance 89 -659 regarding the adoption by reference of L.A. County Ordinances adopting new Building, Electrical, Plumbing and Mechanical fees and set a public hearing on November 21, 1989 for second reading and adoption, sec- onded by Councilmember Atkins and unanimously carried. 8. COMMUNICATIONS: NONE 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Marianne Milch, Chamber of Commerce, asked the Council to consider an ordinance to control the trash problems with restaurants in the City. She asked if, presently, restaurants have any restrictions on trash. Director Dawson stated that any new restaurant needs to obtain a Conditional Use Permit which require grease traps. Councilmember Swain suggested staff research the possibility of requiring garbage disposals and trash enclosures for res- taurant uses. Councilmember Breazeal concurred. Councilmember Gillanders stated that if sewer lines were not extended to the street, plumbing problems could develop throughout the City. RECESS TO CRA At 8:30 p.m. the City Council met as the Temple City Community Redevelopment Agency; approved the Minutes of the regular meeting of October 17, 1989; approved a request for installa- tion of 6' high chain link fence at the northwest corner of Rosemead Boulevard and Broadway; and adopted Resolution No. CRA 89 -381 allowing warrants and demands in the amount of $155,023.00. The Minutes of the Agency are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: NONE 1 1 1 City Council Minutes, November 7, 1989 - Page 9 11. MATTERS FROM CITY OFFICIALS: Councilmember Breazeal referring to the Joint Meeting of Council and Commissions held November 6, stated if Council reviews and approves the design and plans before work begins on a project, "design immunity" would apply. Councilmember Swain presented the City Manager with the Infor- mation Bank on Contract Service Providers from California Contract Cities Association which furnishes information on contract service providers that are currently used by members of the Association. Councilmember Gillanders asked if the City plans to place City documents on microfilming. City Manager Koski informed him that the City Clerk was re- searching the possibility and has obtained some cost esti- mates. 12. ADJOURNMENT: At 9:00 p.m. it was moved, seconded and unanimously carried to adjourn. The next regular meeting of the City Council will be held on November 21, 1989 at 7:30 P.M. in Council Chambers, 5938 North Kauffman Avenue. MAYOR