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