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HomeMy Public PortalAboutCity Council_Minutes_2000-10-03_Regular 2000CITY COUNCIL TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES OCTOBER 3, 2000 INITIATION 1. CALL TO ORDER Pursuant to the agenda posted on September 28, 2000, Mayor Souder called the meeting of the City Council to order at 7:30 p.m. 2. ROLL CALL PRESENT: Councilman-Breazeal, Gillanders, '.V;lson, and Souder ABSENT: Councilman -Brook ALSO PRESENT: City Manager/City Attorney Martin, Community Services Director Burroughs, Public Works Director Daniel, Community Development Director Dawson, Maintenance Superintendent Erickson, City Clerk Flandrick, Senior Management Assistant Flod, and Financial Services Director Maldonado As recommended by the City Attorney, and pursuant to the Government Code, Council must specifically excuse a member of Council for cause when absent from Council meetings for an extended absence. Councilman Breazeal moved to excuse Councilman Brook for cause, during his absence out of the country, seconded by Mayor Pro Tem Wilson and unanimously carried. 3. INVOCATION The Invocation was given by Pastor David Brinkley, First Lutheran Church, 9123 East Broadway, Temple City. 4. PLEDGE OF ALLEGIANCE Boy Scouts from the Lucky Baldwin District led those present in the Pledge of Allegiance to the Flag. 5. CEREMONIAL MATTERS A. PROCLAMATION The Mayor presented a proclamation to Boy Scouts representing the Lucky Baldwin District, declaring the week of October 8 to 14, 2000, as "Boy Scout Week". ORDER OF AGENDA CHANGED The City Manager recommended, that the Council recess at this time to the Community Redevelopment Agency Meeting for consideration of the Las Tunas Redevelopment Project report. 11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY At 7:38 p.m. the Council metas the Community Redevelopment Agency; approved the Agency Minutes of September 19, 2000; adopted Resolution No. CRA 00-725 approving claims and demands in the amount of $3,060; recommended that Council adopt a resolution approving the Las Tunas Redevelopment Project survey area, approved proposals and authorized a budget amendment not to exceed $30,000 regarding such project; and authorized architectural building modifications to a structure in TJ Maxx Shopping Center. Minutes of the Agency Meeting are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL The City Council reconvened at 8:20 p.m. 6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA - None City Council Minutes October 3, 2000 Page 2 7. CONSENT CALENDAR Councilman Breazeal moved to approve the Consent Calendar, seconded by Mayor Pro Tem Wilson and unanimously carried. A. APPROVAL OF MINUTES Approved the Minutes of Regular Meeting of September 19, 2000, as presented. B. PLANNING COMMISSION ACTIONS Received and filed the Planning Commission actions of the meeting of September 26, 2000. C. ACCEPTANCE OF BID AND SELECTION OF VENDOR(S) FOR THE COMPUTES NETWORK UPGRADES Accepted the bid of Superior Computer Technology for the computer hardware, software and additional items as indicated in the Contract Agreement in an amount not to exceed $60,429; approved a 5% contingency set aside; and authorized the City Manager to approve the final selection of the software training vendor in an amount not to exceed $18,000. D. ORDINANCE NO. 00-851 (SECOND READING) APPROVING 4TH LEVEL 1959 SURVIVOR BENEFITS FOR CITY EMPLOYEES Waived further reading and adopted Ordinance No. 00-851, an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE FOURTH LEVEL OF 1959 SURVIVOR BENEFITS FOR LOCAL MISCELLANEOUS MEMBERS. E. PETTY CASH AND VISA CARD REPORT Received and filed the petty cash and Visa Card report with the current month's charges. F. TEMPORARY Y RATINGS Approved the temporary Y Ratings for the Finance Supervisor for a period of two and a half months at $200 per month, maximum $500; and the Part -Time Code Enforcement Officer for a period of two months at $100 per month, maximum $200; and amended the FY 2000-2001 budget accordingly G. RESOLUTION NO. 00-3958 - APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 00-3958, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $470,030.65 DEMAND NOS. 3628 THROUGH 3725. UNFINISHED BUSINESS - None 9. NEW BUSINESS A. PUBLIC HEARING: RESOLUTION NO. 00-3959 - TENTATIVE TRACT MAP 53281 AND CONDITIONAL USE PERMIT 00-1427 AT 6201-6207 OAK AVENUE (RYTC/TRITE CH/HELLIWELL) City Manager Martin presented information as contained in the staff report regarding an application to subdivide a 22,895 square foot R-2 zoned parcel for five (5) detached condominium dwelling units to be served by a single driveway off of Oak Avenue. The Planning Commission approved the subdivision which complies with the code in all requirements. Staff recommended approval. City Council Minutes October 3, 2000 Page 3 Mayor Souder opened the public hearing and invited those wishing to speak to come forward. Hearing no requests to speak, either for or against this item, the public hearing was closed. Councilman Breazeal moved to approve Negative Declaration and adopt Resolution No. 00- 3959, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING TENTATIVE TRACT MAP 53281 AND CONDITIONAL USE PERMIT 00-1427, A REQUEST TO SUBDIVIDE A 22,895 SQUARE FOOT R-2 ZONED PARCEL FOR FIVE (5) DETACHED CONDOMINIUM DWELLING UNITS TO BE SERVED BY A SINGLE DRIVEWAY OFF OF OAK AVENUE (RYTC/TRITECHIHELLIWELL), seconded by Mayor Pro Tem Wilson and unanimously carried. 10. COMMUNICATIONS A. COMMUNICATION REGARDING TEMPLE CITY WOMEN'S CLUB - STARTUPS CATERING City Manager Martin stated a facsimile letter dated September 27, 2000 was received from David Startup requesting the City Council's reconsideration of the 10:00 p.m. curfew, again asking to stay opc n until 11:00 p.m. Mayor Pro Tem Wilson said she felt Council should give Mr. Startup another chance. This has been a physical and mental hardship for him and he has gone out of his way to do all he possibly can in trying to appease the City Council and the neighbors. Since there have been no other complaints, she asked that he be given another chance. Councilman Gillanders disagreed, saying Mr. Startup sued the city and lost and now he wants to talk again. Mr. Gillanders stated his position remained unchanged. Councilman Breazeal felt that Mr. Startup has not made any attempt to appease the city and seemed indifferent to the concerns of the residents and the city as well. He suggested the City Attorney draw up an agreement allowing the extended curfew, to be revoked if there is any complaint. Mnr3,z Him , 5945 Kauffman Avenue, stated she was representing herself as a resident, and felt that Mr. Startup has complied with what was requested of him. She said Mr. Startup spoke to Mr. Davido regarding his complaint and to her knowledge no other complaint was on record. The neighbor next to Mr. Davido hears no noise from the Women's Club and Ms. Hunt stated Mr. Startup should not be jeopardized by one complaint. Councilman Breazeal stated that several complaints were received initially. Mayor Souder stated Council has an obligation to keep peace and order. Mr. Startup was given an opportunity to operate for a period of time and a number of complaints were received. This issue has been heard by Council for the last two to three months and Council has chosen to keep the 10:00 p.m. curfew. Councilman Breazeal added that Council made an accommodation for the Women's Club and Mr. Startup has not complied with Council's directives and has ignored the general public. Mayor Pro Tem Wilson stated she believed that she had read all of the complaints received on the Mayor's hotline and asked for a copy of all complaints on record. IIs, Startups Catering, stated he requested the extra half hour to honor customer's contracts in accordance with Council permission given in 1998. He stated he has done everything possible with barriers and guards to work with the City in resolving this matter. City Council Minutes October 3, 2000 Page 4 Allowing the extra half hour could avoid customer's lawsuits. In response to Councilman Breazeal, Mr. Startup indicated, if the City agreed to a curfew of 10:30 p.m., he would do everything required of him to appease the situation. Councilman Breazeal moved to direct the City Attorney to draw up an agreement for Mr. Startup's signature allowing the 10:30 p.m. curfew, to be reverted back to 10:00 p.m. if a complaint is received, seconded by Mayor Pro Tem Wilson. The motion failed by the following roll call vote: AYES: Councilman-Breazeal, Wilson NOES: Councilman-Gillanders, Souder ABSENT: Councilman -Brook 12. ACTION ON REQUEST BY CRA - None 13. ADDITIONAL PUBLIC COMMENTS REGARDING ITEMS NOT LISTED ON THE AGENDA - None 14. MATTERS FROM CITY OFFICIALS A. INTERPRETATION RELATIVE TO FISHER'S PHARMACY REMODEL The former Fisher's Pharmacy is being remodeled into a wedding shop. A "stop work order" has been issued because of certain ambiguities regarding contemplated building improvements. City Manager Martin, referring to the staff report, stated the former Fisher's Pharmacy is being remodeled into a wedding shop. There have been several violations of the Building Code and the CUP granted on this property which resulted in a "stop work order" being issued. Council was requested to consider an administrative interrretation of mezzanine and possible sign violation. Community Development Director Dawson provided information regarding the remodel, stating there is no inside stairway to the second story area, which would require full stairs and a railing to be accessible. Additionally, this is in vioiation o-: the approved CUP and Building Code which called for a vaulted ceiling area. The second floor display area raises many issues - if usable floor space, additionally parking may be required, etc. Mr. Dawson answered questions of Council regarding internal access and display signage. He explained there is a roof hatch to gain access to tha second story area. The Architect for the project, representing the applicant, stated the project has gone through the proper process and received the proper approval at each stage. He spoke of three issues: the mezzanine photo area, the logo on the architectural feature and the display cases on the upper portion of the storefront. He stated it is not fair for the city to revisit what has been approved and to be asked to comply with new regulations may not be legal according to the Health and Safety Code. City Manager Martin stated the issue before Council is the definition of mezzanine. Tom A 1zi=-,, 5434 Cambury Avenue, stated during his previous service on the Planning Commission and Council and construction industry, he had experience with roof signs and mezzanines. He asked to see the plans on this project and felt the Planning Commission may have been misled regarding the plans and suggested this project be sent back to the Planning 1 1 City Council Minutes October 3, 2000 Page 5 Commission for an in depth study. Council discussed the issue and Mayor Souder suggested the stop order be kept in place and the project put on hold heard by the Planning Commission. Councilman Breazeal stated he felt staff and the City Manager could resolve this issue internally. If referred back to the Planning Commission, it would delay construction. City Manager Martin asked for a ruling regarding the mezzanine. Councilman Breazeal moved to uphold the "stop work order", determine that the second -story display area was not a mezzanine and therefore must be considered as "flior area"; determined that the sign proposed to be installed on the architectural feature is a roof sign and therefore not allowed; and determined that the mezzanine area must be in full compliance with previously delineated parameters for such mezzanines, seconded by Mayor Pro Tem Wilson and unanimously carried. 15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMAN BREAZEAL Councilman Breazeal updated Council on the Contract Cities trust fund account which now has a balance of almost thirteen million dollars. B. COUNCILMAN BROOK - Absent C. COUNCILMAN GILLANDERS - None D. MAYOR PRO TEM WILSON 1) Employee Service Pins Mayor Pro Tem Wilson noted that for years the Council gave pins to employees in recognition of years of service. This practice was discontinued in favor of gifts instead of pins and she wished to re -instate it to annually give out pins on employee anniversary dates. Mayor Souder asked staff to find out why this practice was changed and bring back the information to Council. E. MAYOR SOUDER Mayor Souder informed Council that he will not be present at the next Council meeting as he will be in rehabilitation after his surgery on October 11th. RESOLUTION NO. 00-3960 - ESTABLISHING A SURVEY AREA FOR THE LAS TUNAS DRIVE REDEVELOPMENT PROJECT City Manager Martin recommended that Council take action at this time as recommended by the Community Redevelopment Agency to consider adoption of a resolution establishing a survey area for the Las Tunas Drive Redevelopment Project. Councilman Breazeal moved to make a finding that there was a need to take immediate action and that the need for action came to the attention of the Council after the posting of the agenda, and to add this item to the City Council agenda as a subsequent need item, as determined by the City Attorney, seconded by Mayor Pro Tem Wilson and carried by the following roll call vote: AYES: Councilman-Breazeal, Gillanders, Wilson, Souder NOES: Councilman -None ABSENT: Councilman -Brook City Council Minutes October 3, 2000 Page 6 Councilman Breazeal moved to adopt Resolution No. 00-3960, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING A NEW "SURVEY AREA" FOR THE COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO THE PROVISIONS OF SECTION 33310 ET SEQ. OF THE CALIFORNIA HEALTH AND SAFETY CODE, seconded by Mayor Pro Tem Wilson and carried by the following roll call vote: AYES: Councilman-Breazea., Gillanders, Wilson, Souder NOES: Councilman -None ABSENT: Councilman -Brook 16. LITIGATION UPDATE The City Council reviewed the most recent litigation update provided by the City Attorney. 17. UPDATE FROM CITY MANAGER A. REPORT FROM CITY MANAGER REGARDING THE RECRUITMENT OF NEW CITY MANAGER City Manager Martin reported twenty-five applicants responded to the City Manager recruitment and reques ;ed Council review the applications for consideration. It was agreed Council would return tl eir recommendations by Tuesday, October 10th. 18. CLOSED SESSION - None 19. ADJOURNMENT The City Council meeting was adjourned at 9:20 p.m. ATTEST: City Clerk 1 i