HomeMy Public PortalAboutCity Council_Minutes_1975-08-19_Regular 1975CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
August 19, 1975
INITIATION:
1. Mayor Gilbertson called the regular meeting of:the °Eity Council to
order at 7:34 p.m. on Tuesday, August 19, 1975 in the Council
Chamber of the City Hall.
I2. The invocation was given by Councilman Greenberg.
3. The Pledge of Allegiance to the Flag was led by Mayor Gilbertson.
4. ROLL CALL:
Present: Councilmen- Dennis, Greenberg, Merritt, Tyrell, Gilbertson
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Assistant City
Manager Biel, Planning Director Dragicevich
5. APPROVAL OF MINUTES:
Councilman Merritt moved to approve the minutes of the regular meeting
of the City Council held Tuesday, August 5, 1975, as written, seconded
by Councilman Tyrell and carried, Councilman Greenberg abstaining.
Councilman Dennis moved to approve the minutes of the Special meeting
of the City Council held Monday, August 11, 1975, as written, seconded
by Councilman Merritt and carried, Councilman Greenberg abstaining.
UNFINISHED BUSINESS:
6. PUBLIC HEARING: 7:30 p.m. APPEAL FROM PLANNING COMMISSION DECISION -
CONDITIONAL USE PERMIT CASE NO. 75 -451
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting held July 22, 1975, held
public hearing and adopted Resolution No. 75 -642PC granting a request
from Tully San Filippo to expand an existing bar - restaurant at
9151 -53 Las Tunas Drive, but denying the applicant's request to provide..
live entertainment on the premises. Planning Commission denied the
request on the basis it did not meet the requirements for granting
pursuant to Section 9203 of the Municipal Code.
The applicant filed an appeal to the Planning Commission decision
within the required period, and City Council, at their regular meeting
of August 5, 1975, set public hearing for August 19, 1975.
Mayor Gilbertson declared the public hearing open. Councilman Greenberg
moved to make the Planning Commission minutes a part of the record,
seconded by Councilman Merritt and carried.
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Planning Director Dragicevich gave staff report, stating the basic
issues involved are: 1) the applicant ..propos.es, to expand an existing
bar - restaurant, and_2).provide live entertainment in conjunction with
the addition. According to the Zoning Ordinance, there are three
criteria required for a Conditional Use Permit for restaurants:
1) if seating is less than 150 fixed seats, 2) if the establishment is
located within 200 feet of a residential zone., and 3) if the use pro-
vides live entertainment.
Mr. Dragicevich continued the subject property is located on the north
side of Las Tunas Drive between Loma and Encinitas the area immediately
to the north is residential, the area to the east, west and south is
developed as general commercial; the applicant proposes to expand the
existing dining area, add a storage area and a stage. The current
zoning is C -2, general commercial. The Planning Commission did not
grant the request for live entertainment as it felt the noise would be
a detriment to the surrounding residential community.
Council Minutes, August 19, 1975 - Page 2
Granting of the Conditional Use Permit by the Planning Commission
carried several conditions, such as a minimum of 12 parking spaces
provided at all times; that documentation be provided which states
that the applicant has access and use rights to the parking spaces
across the street, northwest corner of Loma and Las Tunas, and shall
be furnished in a form satisfactory to the City Attorney; and that the
sale and /or consumption of alcoholic beverages on the premises shall
be limited to beer and wine only.
An Environmental Impact Report was prepared and it was staff's con-
clusion that the increased noise level could have an adverse effect
on surrounding properties, particularly with added traffic and
parking.
Ernest R. Hansen, 91611 Las Tunas, attorney for applicant, felt the
_evidence used by the Planning Commission was unfair to the applicant.
He stated the Planning Commission approved the request to expand the
present dining area, but denied Mr. San Filippo the means of filling
the added spaces. He feels the request should be judged on its own
merit, not based on the problems of the previous owner. A decibel
reading was taken by the applicant and his attorney on August 19,
at 7:00 p.m., both inside and outside the establishment. The juke
box was turned to its highest volume; the inside reading was 88 -92
and at the nearest house the level was 51 and 52. Ambient daytime
level of noise is 52. With the doors of the establishment open, the
level at the nearest house was 56. Mr. Hansen felt the problem of
departure noise could be alleviated by the installation of double
doors.
In response to City Attorney Martin's question regarding the clari-
fication of the appeal, Mr. Hansen stated that Item #7 of Resolution
No. 75 -642PC was being appealed; all other items are acceptable to
him and his client.
Mr. Tully San Filippo, 9153 Las Tunas, applicant, stated he is not
appealing the entire decision of the Planning Commission, only the
denial for live entertainment. In response to Mayor Gilbertson's
questions, Mr. San Filippo stated meals are served from 11:00 a.m. to
10:00 p.m.; after that time beer and wine are the only items served;
and that he has managed the premises since August, 1972.
In. Opposition:
Mrs, Joseph Lang, 9133 Hermosa, stated she has lived in her home for
approximately 24 years, and although she does not wish to judge the
applicant, she feels they have experienced a trying time over the
years with the previous owner. She further stated that alcohol
causes problems in some individuals, such as becoming argumentative,
lewd, using abusive language, irresponsible personal conduct. Her
neighbors are working people that must get up early and need their
sleep. During the summer months, the residents must rely on open
windows for ventilation and they do not wish loud music or the noise
from cars and persons outside the establishment coming into their
homes.
D. 0. Reed, 9145 Hermosa, feels that if the applicant wanted this
type of entertainment all along, he should have applied for it at the
time he took over management of the bar. Being employed by the
Telephone Company, he stated he is well acquainted with decibel meters,
and there is a lot of difference between readings taken in the middle
of the day and those taken in the still of the evening. Mr. Reed stated
the off -sale of beer from the premises results in empty bottles and cans
being disposed of on residents' properties.
Thomas Bunner, 9122 Hermosa, stated the management has no control of
customers after they leave the establishment. He feels the applicant
should have to buy more property to provide additional parking spaces.
Wilbur Bedwell, 9144 Hermosa, stated the back of his property runs
along the back of the parking lot. His retaining wall was knocked
Council Minutes, August 19, 1975 - Page 3
down recently and there are numerous bottles and cans thrown on
his lawn. He would like to see the problems held to a minimum.
Frances Kirk, 9118 Hermosa, agreed with the testimony presented by her
neighbors and added she does not like to have her sleep disturbed.
Joseph Lang, 9133 Hermosa, concurred with those in opposition to the
appeal and has witnessed many of the described incidents, such as a
broken retaining wall, noise from motorcycles and cars, and lewd
conduct.
In Rebuttal:
Mr. San Filippo, feels that a business establishment is a reflection
of the management and that potential problems can be controlled. He
has talked with residents in the neighborhood and most of them do not
object to the addition of live music. He also feels there is adequate
parking facilities.
In response to Mayor Gilbertson's question, Mr. San Filippo stated
he made the addition to the property without proper permits.
Councilman Dennis questioned the applicant as to the methods he would
employ to insure control in the parking lot. Mr. San Filippo replied
he would hire private guards if necessary.
Mr. Hansen stated a decibel reading was taken at the southwest corner
of Hermosa and Loma at 7:00 p.m. Once again, the juke box was turned
to its highest volume; with the doors of the establishment closed,
the noise level was 46; the ambient level on the City's contour map
is 47.
Councilman Merritt moved to close the public hearing, seconded by
Councilman Dennis and carried.
Councilman Dennis moved to incorporate the testimony given at the
public hearing into the Environmental Impact Report, seconded by
Councilman Greenberg and carried. It was moved by Councilman Merritt,
seconded by Councilman Greenberg and carried, Councilman Tyrell ab-
staining, to certify the Environmental Impact Report, as amended.
Councilman Dennis stated that although there would be no way to
prove live entertainment would be detrimental unless it was tried,
he could not, in good conscience, approve a permit that could increase
potential problems to the surrounding residential neighborhood.
Councilman Greenberg expressed his concern regarding the fact that if
the establishment changed management in the future, the type of enter-
tainment could also change. The City has experienced problems with
other bars providing entertainment and it was his feeling that the
appeal be denied.
Councilman Merritt indicated that an entertainment license issued to
the applicant could not be transferred. He felt the applicant should
not be held responsible for the actions of others and that Mr. San
Filippo is not getting the same treatment awarded to other establish-
ments in the area. He was of the opinion that if proper controls
could be maintained, he would be in favor of the appeal.
Mayor Gilbertson stated he was not in favor of expanding the present
facilities, let alone add live entertainment. He felt no responsibility
to grant an automatic approval to an extension that was already com-
pleted, and that the neighborhood was entitled to some semblance of
a residential community.
Councilman Greenberg moved to deny the appeal to Planning Commission
Resolution No. 75- 642PC, seconded by Councilman Dennis.
City Attorney Martin indicated a clarification should be made as to
whether the motion supports the Planning Commission recommendations
in their entirety; Councilman Greenberg stated that was the intention
Council Minutes, August 19, 1975 - Page 4
of his motion. Motion failed to carry on a roil call vote:
ROLL CALL:
AYES: Councilmen- Dennis, Greenberg
NOES: Councilmen - Merritt, Gilbertson
ABSTAIN: Councilmen - Tyrell
City Attorney .Martin pointed out that due to the tie vote, the matter
was still considered to be before the City Council and a decision must
be made one way or the other.
Councilman Greenberg moved to deny the appeal of Planning Commission
Resolution No. 75 -642PC and concur with the decision'of the Planning.
Commission on the basis of the establishment's close proximity to a
residential area, change of ownership of business on the northwest
corner of Loma and Las Tunas could affect the agreement for the addi-
tional parking spaces required, the high decibel level potential, and
similar establishments have proven unsuccessful in controlling pro-
blems, seconded by Councilman Dennis and carried on a roll call vote:
ROLL CALL:
AYES: Councilmen - Dennis, Greenberg, Gilbertson
NOES: Councilmen- Merritt
ABSTAIN: Councilmen - Tyrell
Mayor Gilbertson clarified the proceedings to the applicant stating
his application for expansion was approved, but his application for
live entertainment was denied.
7. ORDINANCE NO. 75 -414: 2nd read. CHANGING ZONE FROM R -1 TO 0 -S
(OPEN SPACE) IN ZONE CHANGE CASE NO. 75 -450 - 10203 to 10227 Daines
City Attorney Martin presented Ordinance No. 75 -414 AN ORDINANCE OF THE
CITY OF TEMPLE CITY PROVIDING A CHANGE OF ZONE IN ONE ZONE CHANGE CASE
NO. 75 -450 AND AMENDING THE ZONE MAP ACCORDINGLY for second reading by
title only. Councilman Merritt moved to waive further reading and
adopt, seconded by Councilman Greenberg and carried.
8. ORDINANCE NO. 75 -415: 2nd read. AMENDING MUNICIPAL CODE RE: PARKING
STALL DIMENSIONS
City Attorney Martin presented Ordinance No. 75 -415 AN ORDINANCE OF
THE CITY OF TEMPLE CITY AMENDING SECTION 9296 OF THE TEMPLE CITY
MUNICIPAL CODE RELATING TO OFF- STREET PARKING SPACE DIMENSIONS for
second reading by title only. Councilman Merritt moved to waive further
reading and adopt, seconded by Councilman Greenberg and carried.
9, ORDINANCE NO, 75- 416 -A: 2nd read. AMENDING MUNICIPAL CODE RELATING TO
THE PROCESSING OF LOT SPLITS AND PARCEL MAPS
City Attorney Martin presented Ordinance No. 75 -416 -A AN ORDINANCE OF
THE CITY OF TEMPLE CITY ADDING NEW SECTION 9518 TO THE TEMPLE CITY
MUNICIPAL CODE RELATING TO THE PROCESSING OF LOT SPLITS AND PARCEL
MAPS for second reading by title only. Councilman Greenberg moved to
waive further reading and adopt, seconded by Councilman Dennis and
carried.
10. AMENDMENT TO CETA, TITLE II, AGREEMENT
City Manager Koski presented background information, stating City
Council, at their regular meeting held July 15, 1975 approved agree-
ment amendment to extend the'Comprehensive Employment and Training
Act, Title II, through July 31, 1975. Subsequently, the Los Angeles
County Board of Supervisors have approved an extension of funding to
September 30, 1975:
Councilman Dennis moved to approve the agreement amendment and authorize
the Mayor and City Clerk to sign, seconded by Councilman Merritt and
carried.
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I14. RENEWAL OF AGREEMENT FOR INGRESS AND EGRESS OVER PEDESTRIAN MALL 1A:
Zager -Smith Carpet - 9510 Las Tunas Drive
- Council Minutes, August 19, 1975 - Page 5
NEW BUSINESS:
11. RESOLUTION NO. 75 -1479: Zero Tax Rate for City of Temple City -
Fiscal Year 1975 -76
City Manager Koski gave background information stating that Section
51511 of the Government Code of the State of California specifies
that the City Legislative Body shall fix the rate of taxes by desig-
nating the number of cents upon each one hundred dollars of assessed
valuation before September 1 of each year.
Councilman Tyrell moved to approve Resolution No. 75 -1479 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY INDICATING NO CITY TAX
RATE FOR THE FISCAL YEAR 1975 -76, seconded by Councilman Dennis and
carried.
12. RESOLUTION NO. 75 -1480: Levying a Special Assessment Tax within the
Temple City Municipal Lighting District for Fiscal Year 1975 -76
Councilman Tyrell moved to approve Resolution No. 75 -1480 A RESOLUTION
OF THE CITY OF TEMPLE CITY LEVYING A SPECIAL ASSESSMENT TAX WITHIN
TEMPLE CITY MUNICIPAL LIGHTING DISTRICT FOR THE FISCAL YEAR 1975 -76,
seconded by Councilman Dennis and carried.
13. STORM DRAIN PLANS (PRIVATE DRAIN 1278) RPD CASE NO. 74 -424 (Baldwin)
City Manager Koski provided background information indicated that
underground storm drains relating to this matter have been completed
in accordance with City standards. The easement has been approved
as to execution and description and is being submitted to the Council
for formal acceptance,
Councilman Merritt moved to accept the storm drain easement, seconded
by Councilman. Greenberg and carried.
City Manager Koski presented background information stating the
Parking Commission, at their regular meeting of June 18, 1975, reviewed
the renewal of an agreement for ingress and egress over Pedestrian
Mall lA at subject location. The Commission made an on -site inspection
and felt the ramp was not maintained in a safe condition and constituted
a hazard, Mel Zager, Zager -Smith Carpet Company, was contacted and he
has completed the refurbishing of a ramp so, in staff's opinion, it
meets requirement of the agreement.
Councilman Merritt moved to approve renewal of agreement with Zager -
Smith Carpet Company to cross over Pedestrian Mall LA for a one -year
period from September 1, 1975 to September 1, 1976, subject to all
conditions as set forth in the agreement, seconded. by Councilman
Tyrell and carried.
Councilman Dennis felt staff should review . this matter every, few
months so the ramp does not deteriorate. Councilman Greenberg
concurred.
15. RESOLUTION NO. 75- 1481: WARRANTS & DEMANDS, Demand Nos. 2599 thru
2702 in the amount of $172,839.87.
Councilman Merritt moved to adopt Resolution No. 75 -1481 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND
DEMANDS IN THE SUM OF $172,839.87, DEMAND NOS. 2599 THRU 2702, seconded
by Councilman Dennis and carried, Councilman Greenberg abstaining.
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Council Minutes, August 19, 1975.- Page 6
16. COMMUNICATIONS:
A. Chamber of Commerce - Request to Conduct Moonlite Sale,
September 8, 1975
Councilman Greenberg moved to approve request of Temple City Chamber
of Commerce to conduct a Moonlite Sale for Monday, September 8, 1975,
between 5:30 and 9:00 p.m., including permission to post advertising
signs throughout the shopping area, seconded by Councilman Merritt
and carried.
B. M. Eileen Sanders - Request for Damages
City Manager Koski presented claim from M. Eileen Sanders, 6539 N.
Rosemead Boulevard, San Gabriel, for ambulance service and emergency
care provided for her son after being injured at Live Oak Park on
July 24, 1975. Councilman Merritt moved to deny claim and refer to
City's insurance carrier, seconded by Councilman Greenberg and carried.
17. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Boyce O'Bannon, 10316 Olive, President of the Concerned Taxpayers
of San Gabriel Valley, stated that San Marino has formed a similar
group. He informed Council that he has copies of property tax appeal
forms and is prepared to contribute $200 to a legal fund to fight
the tax increases.
Ralph Haug, President of JayCee's, presented a picture to Mayor
Gilbertson of him crowning this year's Miss Temple City, Valerie Tittle.
Gwen Girvin, 6213 Oak, stated the Planning Department had advised her
the sign in front of her home advertising piano lessons would have to
be relocated and she wanted to know how to correct the problem. City
Manager Koski informed her that the Planning Director would be able
to assist her in this regard.
Marianne Milch, Chamber of Commerce, stated the Chamber is very pleased
with the economic profile prepared by the Planning Department recently.
She also wanted to thank the various community groups for their
cooperation concerning the expansion of the Community Hospital of San
Gabriel. Groundbreaking is scheduled for September 20, 1975. Mrs.
Milch also reminded Council of the upcoming Dodger game on August 26.
Robert Grange, 8602 Worthington, San Gabriel, Manager of American
Savings & Loan, Temple City, stated he is representing Mark Taper and
the officers and directors of American Savings & Loan in expressing
gratitude for the manner in which the Sheriff's Department and everyone
else connected with the attempted robbery last Friday handled the
situation.
RECESS TO CRA:
The City Council recessed at 9:40 p.m. to meet as the Community Redevelop-
ment Agency, all members being present, approved the minutes of the regular
meeting of August 5, 1975, and the minutes of the special meeting of
August 11, 1975; continued public hearing to September 2, 1975 for RAB
Case 75 -2, claim for relocation benefits; approved agreement between Agency
IIIand Security Pacific National Bank as Fiscal Agent; accepted work of Demoliton
Contract No. 1; approved request for return of good faith deposit to TOPA
Management; approved relocation of telephone facilities; adopted resolution
approving warrants and demands; and approved Quitclaim Deed from Community
Redevelopment Agency to City of Temple City transferring all mineral rights
to property described therein. The minutes are set forth in full in the
minutes of the Agency.
RECONVENE AS CITY COUNCIL:
Council Minutes, August 19, 1975 - Page 7
18. ACTION ON REQUEST BY CRA:
A. Request for Funds
Councilman Tyrell moved to approve an advance of additional funds
in the amount of $14,914.00 as a:'.loan to the Community Redevelop-
ment Agency and amend the agreement with the Agency accordingly,
seconded by Councilman Dennis and carried.
B. Corporation Quitclaim Deed - Community Redevelopment Agency to
City of Temple. City
City Manager Koski presented Quitclaim Deed from Community Redevelop-
ment Agency to the City demising all mineral rights in and around
the real property described therein.
Councilman Tyrell moved to approve the Quitclaim Deed and authorize
the City Clerk to execute the appropriate document for recording
purposes, seconded by Councilman Merritt and carried.
19. MATTERS FROM CITY OFFICIALS:
A. SB 821 Funds for Pedestrian Facilities
City Manager Koski presented background information stating in
FY 1974 -75, the City received $5,478 in SB 821 funds for the con-
struction of sidewalks. This year, the City may receive $6,005 or
more if one of the City's proposed projects is recommended for funding.
In order to maintain the City's eligibility, the City Council should
authorize the City to apply for these funds before September 12, 1975.
Councilman Tyrell moved to authorize the City to apply for SB 821 funds
for the construction of sidewalks with the City Clerk being the
authorized officials to file for funds, seconded by Councilman Greenberg
and carried.
B. Acceptance of Work — Street Improvements, Golden West et al
City Manager Koski gave background information, stating the City Council
at their regular meeting of June 3, 1975, awarded a contract for the
construction of curb,, gutter, driveways and sidewalk improvements to
N -D -L Construction of La Habra. The Los Angeles County Road Department
has requested that the work be accepted by the City Council.
Councilman Merritt moved to accept the work; approve and authorize the
additional work; authorize payment of $17,192 to N.D.L. Construction;
authorize the filing of a Notice of Completion of the contract; and
authorize the release of $1,910.25 at the end of the 35 -day lien
period, seconded by Councilman Dennis and carried.
C. Councilman Greenberg stated it was nice to be back in Temple City
after an extended trip. He expressed his pride in our City and was
glad to see we lacked many of the problems that were evident to him
in other cities he visited on his vacation.
D. Councilman Merritt directed Council's attention to the fact that
he has observed a ramp in back of the Knit Shop, 9659 Las Tunas, being
used for ingress and egress into a garage. City Manager Koski directed
staff to send a letter to the party involved.
E. Councilman Dennis congratulated Mary Black, who was in the audience,
for her conduct during the recent robbery attempt at American Savings
and Loan in Temple City which aided the successful capture of the suspect
without ,injury to anyone involved.
F. Councilman Tyrell directed Council's attention regarding the need
for signs prohibiting back in parking in City parking malls, partic-
ularly in the area behind the Ivanhoe.
Council Minutes, August 19, 1975 - Page 8
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G. Mayor Gilbertson directed Council's attention to the open house
of the Health Services Region in West Covina on August 22; the
SCAG General Assembly to be held September 17 and 18, with Councilman
Greenberg in attendance; and a letter to Jerry Seibert from the
American Little League offering to relocate the bleachers to the
new ball diamond and building a new snack bar if the City provides
the material. He expressed his disappointment with their offer.
H. Jerry Seibert, Chairman of the Parks and
stated that of the 10 organizations who were
American Little League was the first to come
He felt the relocation of the bleachers . is a
are other ways in which they could help.'
Councilman Dennis was of the opinion that the organization should
participate in whatever manner they wish and does not feel the
young people involved in the organization should be penalized due
to the lack of cooperation from adults.
Recreation Commission,
approached for help,
back with,a solid offer.
minor thing, and there
20. ADJOURNMENT:
On motion by Councilman Tyrell, seconded by Councilman Merritt and
carried, City Council adjourned at 10:15 p.m. Next regular meeting
of the City Council will be held Tuesday, September 2, 1975, 7:30 p.m..
in the Council Chamber of the City Hall.
ATTEST:
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