Loading...
HomeMy Public PortalAboutCity Council_Minutes_2000-11-29_Regular 20001 1 1 CITY COUNCIL TEMPLE CITY, CALIFORNIA ADJOURNED REGULAR MEETING MINUTES NOVEMBER 29, 2000 INITIATION 1. CALL TO ORDER Pursuant to the agenda posted on November 21, 2000, Mayor Souder called the City Council meeting to order at 5:00 p.m. 2. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilman — Breazeal, Gillanders, Wilson, Souder Councilman -Brook City Manager /City Attorney Martin, Community Services Director Burroughs, Public Works Coordinator Daniel, Community Development Director Dawson, Maintenance Superintendent Erickson; City Clerk Flandrick, Senior Management Assistance Flod and Financial Services Director Maldonado Mayor Pro Tem Wilson moved to excuse Councilman Brook• for cause, seconded by Councilman Gillanders and unanimously carried. 3. INVOCATION The Invocation was given by Harry Crump. 4. PLEDGE OF ALLEGIANCE Dana Baskin led those present in the Pledge of Allegiance to the Flag. 5. CEREMONIAL MATTERS A. ROTARY CLUP 55TH ANNIVERSARY Mayor Souder announced that this presentation would be made at a later date. B. CERTIFICATE OF RECOGNITION Mayor Souder presented a Proclamation to Deputy Charles Tharp in honor of his Temple Station Unit Citation and in recognition of his twenty -seven years of service at the Temple Station. 6. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA - None 7. CONSENT CALENDAR Councilman Gillanders requested Agenda Item 7.F. be removed from the Consent Calendar for discussion. Councilman Breazeal moved to approve the remainder of the Consent Calendar, seconded by Mayor Pro Tem Wilson and unanimously carried. A. APPROVAL OF MINUTES Approved the Minutes of the Regular Meeting of November 7, 2000, as presented. City Council Minutes November 29, 2000 Page 2 B. PLANNING COMMISSION ACTIONS Received and filed the Planning Commission actions of the meeting of November 14, 2000. C. PARKS AND RECREATION COMMISSION ACTIONS Received and filed the Parks and Recreation Commission actions of the meeting of November 15, 2000. D. CODE ENFORCEMENT MONTH',? STATUS REPORT FOR OCTOBER 2000 Received and filed the Code Enforcement Program Monthly Status Report submitted for October, 2000. E. RELEASE OF GRADING DEPOSIT FOR TENTATIVE TRACT MAP NO. 52536 AT 5335 -5347 WELLAND AVENUE Authorized release of a grading deposit in the amount of $12,000 to developer, Y. T. Chien Construction, for Tentative Tract Map No. 52536 at 5335 -5347 Welland Avenue. The City was notified by Los Angeles County Building and Safety that the grading had been completed and ins;iected and was found to be in compliance with approved plans. G. FINAL UPGRADE TO COMPUTER SYSTEM Approved the purchase of necessary hardware (64mg of RAM and 17" monitors) for all workstations with the balance of the approved FY 2000 -2001 funds for computer up grade. H. INSTALLATION OF CHRISTMAS LIGHTS ON LAS TUNAS DRIVE Ratified approval of the tree lighting agreement with Holiday Image Lighting and Decor for the placement and removal of Christmas lights on Las Tunas Drive and on the Performing Arts Pavilion, at a cost of $5,726. I. PETTY CASH REPORT Received and filed the Petty Cash Report with the current charges. J. RESOLUTION NO. 00 -3970 — APPROVAL OF PAYMENT OF BILLS Adopted Resolution No. 00 -3970, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE C?TY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $383,496.85 DEMAND NOS. 3935 THROUGH 4016. F. NOTICE OF COMPLETION FOR CITY HALL REST ROOM IMPROVEMENT PROJECT NO. 199801 The Notice of Completion for Project No. 199801, City Hall Rest Room Improvement Project was presented for approval. Councilman Gillanders stated he would not approve the notice as there were still problems to be corrected and /or completed on this project. Mayor Souder agreed. Councilman Gillanders moved to withhold approval of the Notice of Completion and withhold payment until Project 199801 was completed, seconded by Councilman Breazeal and unanimously carried. 1 1 1 1 1 1 City Council Minutes November 29, 2000 Page 3 8. UNFINISHED BUSINESS A. SHERIFF'S DEPARTMENT REQUEST FOR A SECOND MOTORCYCLE UNIT IN TEMPLE CITY City Manager Martin stated, at the Council meeting of November 7, 2000, Council considered a request from Commander Neal Tyler recommending the deployment of a second motorcycle unit in Temple City. Council requested additional information on this item. A letter was received yesterday from the Sheriffs Department providing additional information, indicating a "growth rate" of $108,202, which is identical to the grant rate. This rate is available for the remainder of the fiscal year in which the unit is added and then for one additional fiscal year. Councilman Breazeal stated the request initially came from Council and that he resented it when information was provided the night before a meeting instead of being submitted ahead of time to allow Council time to read it. He would not approve spending funds over $100,000 to try something to see if it works. Councilman Gillanders stated, like many other programs that begin as temporary and last forever, he felt that Council, after allocating over $100,000, should have the fiscal responsibility to stop the program when desired and suggested a sunset date. Mayor Pro Tem Wilson and Mayor Souder said they felt the unit was needed. Mayor Pro Tem Wilson moved to approve the second unit for a one year trial period, seconded by Councilman Gillanders and carried by the following roll call vote: AYES: Councilman - Gillanders, Wilson, Souder NOES: Councilman - Breazeal ABSENT: Councilman -Brook 9. NEW BUSINESS A. PUBLIC HEARING: RESOLUTION NO. 00 -3971 - LOCAL LAW ENFORCEMENT BLOCK GRANT #2000 -LB -VX -0088 PROPOSED USE OF FUNDS City Manager Martin stated the City Council will hold a public hearing regarding proposed expenditures of U.S. Department of Justice Local Law Enforcement Block Grant funds to be utilized for the youth resource deputy in accordance with the requirements of the grant. Staff recommended approval for continuation of this program. Mayor Souder opened the public hearing. Hearing no requests to speak, either for or against this item, the public hearing was closed. Councilman Breazeal moved to adopt Resolution No. 00 -3971, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE APPLICATION AND PROPOSED PURPOSE FOR EXPENDITURE OF LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) 2000 -LB -BX -0088, seconded by Mayor Pro Tem Wilson and unanimously carried. 10. COMMUNICATIONS A. STOP WORK ORDER — GP WEDDING & PHOTO STUDIO, INC. City Council Minutes November 29, 2000 Page 4 A written communication was received from GP Wedding and Bridal Shop asking to address the City Council regarding the stop work order. City Manager Martin stated at the last meeting a stop work order was imposed on construction at the GP Wedding & Photo Studio on the basis that the upstairs was not a mezzanine and not adhering to code. The correspondence indicated disagreement with the stop work order and the wish to continue construction on those parts of the building not related to the upper area. Staff recommended leaving the stop work order in place. Community Development Director Dawson stated the city received a revised 1,1aeprint which was displayed for Council, and a proposal to retain the display area second story. The administrative CUP was approved with a vaulted ceiling area and staff felt that any further revisions need to go back to the Planning Commission. Mr. Dawson answered questions of Council, stating the applicant was agreeable to removing the roof signage and access to the second floor was by way of a roof hatch. A railed stairway is required by code. Herbert Chan, representing Alice and Walter Chan, owners of GP Wedding & Photo Studio, said numerous meetings were held with the Director of Planning trying to resolve the problems. The second story display has a limited access of thirty inches. Plans were submitted about a week and a half ago. The owners will lose their contractor if work does not resume soon. Monica Kao, architect for the renovation, provided background information on the CUP approval on September 23, 1999 and the process the project has gone through since that time. The plans submitted to the city were approved on July 25, 2000 and the second floor display area has never been an issue. Ms. Kao submitted sketches and building plans to the Council which were submitted to the city in August 1999 when the city was first approached with the project. Councilman Breazeal stated the issue here is the violation of building codes. Ms. Kao stated the Planning Department was asked two months ago to supply a list of all violations, which has not yet been received. Mr. Breazeal indicated that a letter from Mr. Dawson did itemize the deficiencies. Community Development Director Dawson stated correcting the outstanding building code violations would not correct the second floor area inconsistency. The applicant needs to come back with a modification of the CUP to allow the second floor area. The original second floor area was not approved with the original CUP. He recommended the applicant go back to the Planning Commission for modification of the CUP. Alan Carnegie, Attorney representing GP Wedding & Photo Studio, stated he spoke to the Planning Director regarding the second floor area as an opportunity for the shop to advertise its product and services. The applicant objects to closing off that area. In reviewing the circumstances of the stop work order, he communicated with Mr. Dawson to find what the code concerns were and to this date do not have that information. Without the list of code violations, the issues cannot be addressed. The vaulted ceiling in the CUP was approved. The revised blueprint addresses this area which cannot be used for anything but display purposes. The owner is experiencing a great deal on ongoing costs and wants the city to acknowledge and abide by what was 1 1 1 1 1 1 City Council Minutes November 29, 2000 Page 5 originally planned and approved and wants a list of the violations and be allowed to proceed with work. City Manager Martin stated the applicant is entitled to the list of violations and will receive such within 48 hours. The mistakes claimed are not relevant; only the Council can amend the Building and Zoning Codes. The applicant does have the obligation to make a timely remedy and exhaust administrative remedies. Councilman Breazeal moved to refer" the issue to the Building and Planning Department for compliance with the codes and if it does not comply, then to the Planning Commission for modification, as i ecommended by the City Manager, seconded by Mayor Pro Tem Wilson. Mr. Carnegie requested the contractor be allowed to continue work other than the issues in violation. Council discussed this matter with concurrence to leave the stop work order in effect. Mayor Souder reiterated Council direction to keep the stop work order in effect and attempt to clear the issues administratively. If that is not possible, than the applicant can apply to the Planning Commission for modification of the CUP. Motion unanimously carried. B. CITY /SCHOOL BOARD AD HOC COMMITTEE A suggestion was received from the Temple City United School District to re- activate the City /School Board ad hoc committee. City Manager Martin stated this coordinating committee has lapsed in recent years and the School Board has suggested re- establishing the committee. Mayor Pro Tem Wilson explained it would be an ad hoc committee and would go on a monthly meeting schedule. Council concurred to approve re- establishing the committee, to be re- evaluated in March 2001 after the election. C. CONDITIONS OF APPROVAL RELATIVE TO JACK -IN- THE -BOX AT 6342 ROSEMEAD BOULEVARD A written communication was received from the Reyes Group for clarification relative to the Jack -In- The -Box project which was approved at the City Council meeting of November 7, 2000. City Manager Martin stated Council has clarified it action by approving the minutes of the last meeting. Page 10 of the Minutes of November 7, 2000 state that Council approved rejecting the appeal, approving the Negative Declaration and adopting Resolution No. 00 -3968 upholding the decision of Planning Commission, with no changes to the conditions. If Jack -In- The -Box wishes to apply for a modification, they need to request modification of a CUP. Lorenzo Reyes, representing Jack -In- The -Box, questioned the modification process and it was confirmed that the project could proceed as approved or apply for modification of an existing CUP and go through the process. Councilman Breazeal stated for the record that the City Manager indicated by writing "No" on the letter from GVD dated November 16, 2000, that he did not City Council Minutes November 29, 2000 Page 6 recommend to the City Council that three of the five conditions (10, 27, 28) be waived, as stated in the letter. Mayor Pro Tem Wilson remarked to Mr. Reyes that his letter to the City Manager left a bad taste and seemed to indicate a take it or leave it attitude, which she found insulting. Mr. Reyes said he was strictly asking for clarification. Tom Pugel requested to speak. Mayor Souder explained th item on the agenda was not a hearing, only to clarify an action. The hearing for this item took place on November 7, 2000 which was the opportunity for public testimony as part of the hearing process. The action of the Council stands and any further discussion would be moot. If a modification of the CUP is requested, another :searing will take place. 11. RECESS TO COMMUNITY REDEVELOPMENT AGENCY At 6:00 p.m., the City Council met as the Community Redevelopment Agency; approved the Minutes of the Regular Meeting of November 7, 2000; adopted Resolution No. CRA 00 -728 approving claims and demands in the amount of $7,511; and approved the designation of Charles Martin as Agency Counsel. Minutes of the Agency are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL The City Council reconvened at 6:01 p.m. with all members present. 12. ACTION ON REQUEST BY CRA — None 13. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA - None 14. UPDATE FROM CITY MANAGER — None 15. MATTERS FROM CITY OFFICIALS - None 16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMAN BREAZEAL Councilman Breazeal requested clarification on the health benefit information for retired employees. Management Assistant Flod responded that those benefits were approved for retired employees. B. COUNCILMAN BROOK — Absent C. COUNCILMAN GILLANDERS Councilman Gillanders referred to information indicating that members of the California Redevelopment Agency were paid for each meeting attended. He asked if Council should consider the same for members of the Board of the Community Redevelopment Agency in light of the anticipated amount of time involved with meetings regarding the new project area and that this matter be put on the next agenda. D. MAYOR PRO TEM WILSON — None E. MAYOR SOUDER 1 1 1 1 1 City Council Minutes November 29, 2000 Page 7 Mayor Souder reminded everyone of the parade next Wednesday. 17. LITIGATION UPDATE The City Council reviewed the most recent litigation update provided by the City Attorney. Councilman Breazeal questioned Mr. Martin regarding several litigations cited in the update report. In reference to McClure v. Independent: Hearing Board must not express adverse feelings toward applicant before hearing is completed, it was concurred to provide copies to all Council and Commissioners. 18. CLOSED SESSION — None 19. ADJOURNMENT Dan Arrighi, Planning Commissioner, requested the meeting be adjourned in memory of the first Mayor of Temple City, Merrill Fitzjohn, who passed away today. The meeting adjourned at 6:10 p.m. ATTEST: J Its' City Clerk