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HomeMy Public PortalAboutCity Council_Minutes_1978-11-21_Regular 1978CITY OF TEMPLE CITY CITY COUNCIL MINUTES NOVEMBER 21, 1978 INITIATION: 1. Mayor Tyrell called the regular meeting of the City Council to order at 7:35 p.m. on Tuesday, November 21, 1978, in the Council Chamber of the City Hall. 2. The Pledge of Allegiance to the Flag was led by Mayor Tyrell. 3. ROLL CALL: Present: Councilmen - Atkins, Dennis, Gillanders, Merritt, Tyrell Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Pucci, Planning Director Dragicevich, Parks and Recreation Director Kobett, Steve Johnson, Temple City Times 4. CONSENT CALENDAR: On motion by Councilman Merritt, seconded by Councilman Gillanders and carried, Items A, B (1);(2), C and D on the Consent Calendar were approved as recommended. A. APPROVAL OF MINUTES: Regular Meeting of November 7, 1978, . Approved as written. B. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of November 14 (1) TENTATIVE TRACT 35027, 5548 Welland Set Public Hearing December 5, 1978 to consider Tentative Tract 35027 located at 5548 Welland Avenue. (2) PROPERTY NUISANCE CASES NO. 78 -43 AND 78 -44 Authorized City Manager to abate nuisance by City forces. C. CLAIM FOR DAMAGES: Steven Anderson, 2425 Birch, Alhambra Denied claim for damages and referred the matter ,to JPIA for further processing. D. RESOLUTION NO. 78 -1766: WARRANTS AND DEMANDS Adopted Resolution No. 78 -1766 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS -AND DEMANDS IN THE SUM OF $44,071.38, DEMAND NOS. 10823 THRU 10918. Consent Item No. B(3) City Manager Koski presented background information, stating City Council, at their regular meeting held November 7, 1978, received a request from the operator of an auto parts sale business located at 9225 Las Tunas Drive, for clarification of the sign ordinance which allows either a roof sign or a free - standing sign. He re- quested permission to maintain two signs, a roof sign on the top of the building facing Las Tunas Drive, and a free- standing sign to be installed adjacent to the alley to the rear of his establishment. Council directed his request to the Planning Commission for clari- fication. Planning Commission, at their regular meeting held November 14, 1978 considered the matter and 1) found the sign ordinance not ambiguous and does not require amendment, 2) to grant an amendment would result in a proliferation of signs along Las Council Minutes, November 21, 1978 - Page 2 Tunas Drive and in the parking areas behind the commercial buildings, 3) applicant has the opportunity to install a vehicular directional sign not to exceed six sq. ft. in size, nor a height of eight ft.; and 4) applicant may seek a variance requesting the 36 sq. ft. sign he is considering. City Manager Koski further advised the staff has submitted an alternative to the Planning Commission recom- mendation to amend the sign ordinance to allow where a roof sign is located on a commercial building which abutts more than one street or public right -of -way, and is visible only from one side, an additional free - standing sign may be permitted facing the other street or public right -of -way, and conversely. The matter would have to be referred back to the Planning Commission to initiate an amendment to the Zoning Code. Councilman Atkins advised he had requested staff to make a recom- mendation to resolve this problem in view of the Council policy to encourage merchants to provide rear parking, and he would like to see the recommendation referred to the Planning Commission for their review and consideration. Councilman Dennis stated he feels Item 3 of the Planning Commission recommendation gives the applicant the opportunity to install a directional sign and that no action is required. Mayor Tyrell felt the Council could approve the Planning Commission recommendation and send staff recommendation to the Commission for consideration of an amendment to the sign ordinance for future applications, Councilman Merritt stated he feels the ordinance is not definitive wherein a roof sign and a free standing sign could exist where neither can be seen at the same time, and although he does not approve the size of the proposed sign, he does agree with the applicant's position, and he would approve a free - standing sign to the rear of the building not to exceed six sq. ft. Councilman Atkins felt a sign totalling six sq. ft. is impractical and he would approve up to 24 sq. ft. to encourage rear entrance parking for businesses along Las Tunas Drive, Councilman Gillanders expressed concern that approval of the large signs would set a precedent. Councilman Atkins moved to permit a 24 sq. ft, free - standing sign next to the rear property line of the location, seconded by Mayor Tyrell, which failed on a roll call vote: ROLL CALL: AYES: Councilmen-Atkins, Tyrell NOES: Councilmen - Dennis, Gillanders, Merritt Councilman Gillanders stated he voted no as he would approve the full 36 sq. ft, requested; he feels it is illogical to scale it down. City Attorney Martin advised by Council action, Council has found there is an ambiguity and until that ambiguity is resolved, the ordinance be interpreted to permit a 36 sq. ft. sign on the back line of the property abutting the public alley. Mayor Tyrell called for discussion of the proposed amendment to the sign ordinance, City Attorney Martin advised the amendment, as written, would permit the applicant and all others in similar circumstances, to have a roof sign and free - standing sign on separate property frontages if the two signs are not visible at the same time. Councilman Atkins stated he felt an ambiguity does exist and feels the Council can create a class of signs to meet the need as pre- sented tonight and still not defeat the intent of the sign ordinance 1 Council Minutes, November 21, 1978 - Page 3 which was to keep the signs facing major streets and thoroughfares to a reasonable amount. Council concurred to refer the proposed amendment to the sign ordinance to the Planning Commission for their review and recom- mendation. UNFINISHED BUSINESS: 5, PUBLIC HEARING: AMENDMENT TO MUNICIPAL CODE SECTION 3115 RELATING TO APPLICATION FOR PERMIT FOR FIREWORKS STANDS City Manager Koski presented background information, advising following City Council study session held October 3, 1978, Ordinance No. 78 -468 was placed on the agenda October 17, 1978, for first reading and setting public hearing. On October 17, Council intro - duced subject ordinance and set public hearing November 21. The proposed ordinance reflects the changes in Section 3115 expressed by Council at their study session. In answer to question from Councilman Dennis regarding setting policy for qualifications of the groups, City Manager Koski advised it would be a matter of policy and not a. part of the ordinance. Mayor Tyrell declared the public hearing open and invited anyone wishing to speak to come forward. There being no one come forward to speak, Councilman Atkins moved to close the public hearing, seconded by Councilman Gillanders and carried. City Attorney Martin read Ordinance No. 78 -468 AN ORDINANCE OF THE CITY OF TEMPLE CITY PROVIDING AN AMENDMENT' TO SECTION 3115 OF THE TEMPLE CITY MUNICIPAL CODE by title only. Councilman Dennis moved to waive further reading and adopt, seconded by Councilman Atkins, and carried. I 6, PUBLIC HEARING: ENTERTAINMENT AND DANCE PERMIT - IVANHOE, 9669 LAS TUNAS DRIVE City, Manager Koski presented background information, stating the City has received an application for transfer of an entertainment and dance permit because of the sale of J & J Nightclubs, Inc., owner of subject establishment, license and permit fees have been paid. Deputy Gillmann of the Los Angeles County Sheriff's Depart - ment posted a notice of Public Hearing and the Sheriff's report has been received and marked approved. No appeals have been received pursuant to this matter. The new owner is aware of the special con - ditions attached to the permit for this establishment, including no handle on the outside of the rear door to prevent entry by customers, a doorman to keep the front door closed except when customers are entering or leaving, and a security guard to assist in maintaining order both inside and outside the location on weekend nights. The list of corrections required by both the Building Department and the Fire Department have been completed. Mayor Tyrell declared the public hearing open and invited anyone wishing to speak to come forward, Mr, Ronald Imfeld, 3434 Barnes, Baldwin Park, stated he is the new owner of the business, having bought the entire stock in J & J Nightclubs, Inc. and is willing to work with the City and operate under the special conditions attached to the permit. Mayor Tyrell stated he feels an additional condition should be required that would indicate the applicant is to submit to the City a certified copy of the Articles of Incorporation, a current list of the directors and officers of the corporation, a declaration from the Secretary of State that the corporation is in good standing, and a designation of its agent for service of process. Mr. Imfeld stated he had no objection to the added condition. Council Minutes, November 21, 1978 - Page 4 Councilman Merritt stated he felt Item 6 relating to clearing the parking lot within a reasonable time following the close of business should include the parking lot behind Lloyds Bank, as the customers are parking there and creating disturbances, Mr, Thomas Connolly, 59092 Camellia Avenue, objected to the enter- tainment and dance permit, stating the establishment creates a major nuisance to the neighborhood; their customers fill all available parking spaces along Las Tunas Drive, Kauffman Avenue and Camellia Avenue, with spill over into the medical center and the malls. Many times traffic does not dispurse until after 3 a.m., with loud con - versations causing loss of sleep to the surrounding neighbors. The customers use the malls for public restrooms and he has called the Sheriff's station many times over the past several years about that and the discarded beer cans and liquor bottles littering the malls and streets. Mr. Connolly stated Temple City can do without an establishment of this kind. At the request of City .Council, Lt, Dick Wallace testified, stating there is no question that on occasion, everything Mr. Connolly has stated has occurred The City, however, has made many demands es- tablishing- conditions-under which the establishment may operate and they have always been-cooperative. Deputies -on duty still continue to be near the Ivanhoe at closing time to assist disbursing the customers. Lt, Wallace stated the establishment is near a residential area and-there-will always be conflict. Mayor Tyrell stated'; at times when he has been riding with the Sheriff, he has observed the guard to be elderly and easily intimidated by the patrons rendering him worthless. Lt. Wallace stated on a number of occasions, the guard was physically abused by the patrons, and was never very effective. He felt the type of patrons attending the nightclub depends on the type of music. The type'of'music in recent months has attracted patrons from other ctties'and they have been the problem. • Councilman Atkins directed Council's attention to the recommended occupancy load of 150 by the Fire Department, another statement which states if third-exit is available they could increase the occupant load -10 %: Councilman •Dennis.agreed, stating 10% would in- crease the load to 165 while the report is inconsistent, stating the occupancy ' ioad -may.remain at 200. Mr. Imfeld,addressed' himself to Council's concern relating. to occu- pancy-load; stating when the Fire Department Inspector paced the size of the room he came up with 150. The Building Department was requested to check and it was their opinion the occupancy load could be 203. The Fire Department then advised if the second rear door was installed with-panic hardware,. the occupancy load could be 200. Mayor Tyrell inquired of Deputy Gillmann why the Sheriff's report states there is no basis for protest in view of the fact there has been nothing but problems associated with the operations of the Ivanhoe. Deputy'Gillmann stated his check includes vice, narcotics, the ABC license ' -.His records show that there have been very few complaints-since it was rebuilt after the fire. He has checked the location at the request of the,Citv- many times, and finds problems some times; other times none. He stated that after closing hours you will always find groups of people talking. He was of the opinion a change in the music might have some effect on the type of patron. In answer to Council's question about the number of complaints emanating from the operation of the Ivanhoe in recent months, Lt. Wallace stated records are kept only when police action is necessary. Many calls about disturbances are minor in nature, the officers respond and leave without action taken and no report is made. There being no further testimony, Councilman Atkins moved to close the public hearing, seconded by Councilman Merritt and carried. Council Minutes, November 21, 1978 - Page 5 Councilman Merritt stated that any new owner is somewhat at a disadvantage where there have been numerous complaints; that it is difficult to tell a new owner he cant run a business he has just purchased on the record of someone else. He felt the Council had no choice but to give him an opportunity to operate, but that he should be aware the City will keep a close watch on the operations. Councilman Dennis agreed with Councilman Merritt, stating there is nothing to base judgement on; this type of business creates problems, however, and he does not feel police resources should be tied up sur- veilling the nightclub doing what the operator should do, while the rest of the City goes uncovered and he would personally like to see this particular place of business elsewhere. Councilman Atkins agreed with Councilman Dennis, stating the have put up with an incredible amount of grief; that public resources are wasted and the time spent by the officers is not offset by any public benefit. Mayor Tyrell stated that everyone is fed up with the Ivanhoe operation and if the problems are not corrected this Council may have to shut it down. He stated he has observed all of the complaints himself, as well as the large crowds and the intimidation of the security guard. Councilman Dennis moved not to approve but instead to tentatively deny request for entertainment and dance permit due to the numerous com- plaints of the type of business that has occurred in the past, the nuisances caused to surrounding residents, the commitment of innumer- able hours of police resources to the detriment of the rest of the City, all in the past and presently existing, seconded by Councilman Atkins and carried. Mr. Imfeld stated he has worked half his life to save and go into business; nothing has changed, the business is still operated by J & J Nightclubs, Inc., and expressed astonishment with Council's action. City Attorney Martin advised Council the hearing tonight was set relating to application for a transfer. - :_If -,the establishment is not to be licensed regardless of the applicant for entertainment and dance permit, it should be determined by a revocation hearing. At the moment Council has denied this man an- ;application for permit and may not stand unless we find that the entire entertainment and dance . permit should fall. Councilman Atkins moved to provide that the transfer denial is tentative only and to set public hearing December 19, 1978 relating to revocation of an entertainment and dance permit for subject establishment, seconded by Councilman Gillanders and carried, City Attorney Martin advised the applicant that if the entertainment and dance permit is not rejected in full at the December 19 hearing, his application will again be considered; in the interim he may operate. 7. ORDINANCE NO, 78 -469: 2nd read. ADOPT COUNTY ORDINANCE RE: SANITARY SEWER AND INDUSTRIAL WASTE City Attorney Martin read Ordinance No, 78 -469 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADOPTING A SANITARY SEWER AND INDUSTRIAL WASTE ORDINANCE for second reading by title only. Councilman Atkins moved to waive further reading and adopt, seconded by Councilman Merritt and carried. 8. PROPOSED ORDINANCE RE: FENCES -AND WALLS City Manager Koski advised subject ordinance was prepared by the City Attorney at the request of City Council and placed on the November 7 agenda at which time it was tabled to be considered when a full Council is in attendance, Council Minutes, November 21, 1978 - Page 6 Councilman Dennis stated he has reviewed the City Attorney's con- cerns and feels there is justification for difference between resi- dential property and commercial and industrial property, and would recommend striking "except within subdivisions and lot splits ". City Attorney Martin introduced Ordinance No, 78 -470 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING SECTION 7148 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO WALLS AND FENCES for first reading by title only, Councilman Dennis moved to waive further reading, seconded by Councilman Merritt and carried. 9. RECOMMENDATIONS FROM PARKS AND RECREATION COMMISSION - Meeting of November 15, 1978 A. PROPOSED TENNIS COURT RULE CHANGES City Manager Koski advised City Council, at their regular meeting held November 7, 1978, tabled the recommendation of the Parks and Recreation- Commission relating to proposed tennis court rule changes to give the Mayor an opportunity to meet and discuss the proposed rules with the Commission, Following the Mayor's meeting on November 15, 1978, the Commission voted to delete rule number 4(g) which placed a maximum of six balls that could be used on any one court. Councilman Dennis moved to approve Parks and Recreation Commission recommendations 1-through 7, deleting 4(g), seconded by Councilman Merritt, Mayor Tyrell advised he met with the Commission and disagrees with several other items on their recommendations. The Commission has eliminated Item 5 of the existing rules and regulations which gives preference to players over 18 after 7 p.m., after noon on Saturdays, and all day on Sundays and holidays, He feels the City has offered many activities to the youngsters in town, and sports are offered at the park, and that they could take advantage of afterschool hours to play tennis whereas adults normally have only after work hours and weekends for their recreation, Mayor Tyrell stated he disagrees with changing Item 4(c) of the existing rules to allowing one set of singles or one set of doubles. It is a custom on public courts to allow one set of singles or two sets of doubles, The new rule does not give couplessufficient time. Mayor Tyrell felt that water should be allowed on the courts, stating the courts are washed down with water and he feels restricting water is unreasonable. Councilman Atkins stated he feels high school students work after school hours and their recreation time is limited as well as adults, and he would feel troubled to deny them the use of the courts at specified times, Carol Wong, 4816 Rio Hondo, stated the additional courts will provide additional playing time for everyone, She stated she has a teenaged son who does yard work, homework and various chores after school and she would object to his being denied the use of courts because an adult from another city wanted to use them. It was her contention that many teenagers have a problem with free time for recreation. Councilman Dennis responded to the issue of drinking water on the courts, stating there would,be an` enforcement problem particularly in trying to determine whether the container in fact contains water. Acting on the motion to approve Parks and Recreation Commission recommendation, motion carried on a roll call vote: ROLL CALL: AYES: Councilmen - Atkins, Dennis Merritt NOES: Councilmen - Tyrell ABSTAIN: Councilmen- Gillanders Council Minutes, November 21, 1978 - Page 7 B. ADDITIONAL TENNIS COURT FENCING City Manager Koski presented background information, stating the proposed security /control fencing for the north side of the new tennis courts was on City Council agenda November 7 at which time the Mayor was requested to discuss the matter with the Parks and Recreation Commission at their regular meeting to be held November 15. The Commission, at their regular meeting held that day, recommended the installation of the additional security/ control fencing proposed by the Mayor. Councilman Merritt moved to deny the Parks and Recreation Com- mission recouuuendation on the basis the estimated cost of $2,000. is not a warranted expenditure, seconded by Councilman Dennis and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Atkins, Dennis, Gillanders, Merritt NOES: Councilmen- Tyrell C. EXTENSION OF EXISTING BASEBALL FOUL LINE FENCING City Manager Koski advised the foul line fencing along the first base line on the north ball diamond at Live Oak Park was designed to be extended if and when additional tennis courts were con - structed to eliminate or reduce the number of foul balls going onto the - tennis courts for purposes of safety. The Parks and Recreation Commission, at their regular meeting held November 15, recommended to City Council that the foul line fencing along the first base line on the north ball diamond be extended an additional 18 feet in height and 74 feet in length in the interest of safety. Councilman-Atkins moved to approve recommendation set forth in staff memo dated November 16, 1978, seconded by Councilman Gillanders and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Atkins, Dennis, Gillanders, Merritt NOES: Councilmen- Tyrell D, ATHLETIC FIELD LIGHTS ENERGY COST City Manager Koski presented background information, stating the installation of the athletic field lights at Live Oak Park was completed by the Youth Groups and energized November 8, 1978 and have been in use since that date, It was previously resolved that the meter would be in the City's name and the lighting system main - tained and operated by the City, and that organizations or groups using the lights would pay a flat hourly fee to offset the cost of energy and a portion of the maintenance expense, The Parks and Recreation Conuuission, at their regular meeting held November 15 recommended to City Council that effective December 1, 1978 hourly rates to defray energy and maintenance costs be established as follows: 1) local public groups, $4 per hour or fraction thereof; 2) local private groups, $10 per hour or fraction thereof; and 3) non - resident groups, $15 per hour or fraction thereof. It is the intention of the Commission to study the actual cost of energy used through June 30, 1979 and recommend adjustment based on their findings. Councilman Merritt moved to approve Parks and Recreation Commission recommendation relating to energy and maintenance costs as set forth in staff memo dated November 16, 1978, seconded by Councilman Atkins and carried. E. INCREASE IN AFTERSCHOOL PLAYGROUND HOURS City Manager Koski presented background information, stating the Department has been unsuccessful in.recruiting. qualified male Council Minutes, November 21, 1978 - Page 8 recreation leaders for the afterschool recreation program due to the limited number of hours available and consequently, the small amount of money a person can earn. The department's beginning hourly rate of $2.75 is above the minimum wage rate and comparable to that paid in private industry, however industry offers part_t.ime employees more hours. In an effort to attract qualfied_ male appli- cants, it is proposed to increase the four male recreation leader positions at the elementary school playgrounds to two hours a day, five days a week for a total of ten hours per week. Unused Saturday and summer program hours at Oak Avenue and Emperor School playgrounds would be used to provide the coverage at Live Oak Park without additional appropriation of funds. Parks and Recreation Commission, at their regular meeting held November 15, reconuuended to City Council the department be authorized to increase the four male recreation leader positions to two hours per day, five days a week for a total of ten hours per week. Councilman Atkins moved to approve Parks and Recreation Commission recommendation, seconded by Councilman Dennis and carried. NEW BUSINESS: NONE 10. COMMUNICATIONS: A, Chamber of Commerce request for approval to conduct Arts Festival #5, December 2, Las Tunas Drive City Manager Koski presented communication from the Chamber of Commerce requesting permission to conduct Arts Festival #5 along the sidewalks of Las Tunas Drive from Camellia to Cloverly Avenues from 9 a.m. to 5 p.m., Saturday, December 2, 1978. Councilman Atkins moved to approve request from Chamber of Commerce as outlined in their letter dated November 6, 1978, to include hanging a banner across Las Tunas Drive east of Temple City Boulevard, seconded by Councilman Gillanders and carried. 11. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Lt. Dick Wallace advised he is transferring to the Emergency Operations Bureau and introduced his replacement at Temple Station, Jean; Robinson. Lt. Wallace said he has been the City liaison officer since September 1973 and has felt very much included in the civic affairs of the City. RECESS TO CRA: City Council recessed at 8:23 p.m. to meet as the Community Redevelopment Agency, all members being present, approved the minutes of the regular meeting held November 7, 1978; approved the installation of modified berms at locations to be decided by the Traffic Engineer; and adopted resolution approving warrants and demands. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 12. ACTION ON REQUEST BY CRA: There was no action to be taken. 13. MATTERS FROM CITY OFFICIALS: A. City Manager Koski advised Mayor Tyrell will be interviewed on "Meet the Mayor" program, Channel 9, at 6 a.m. Wednesday, November 22, 1978. 1 1 Council Minutes, November 21, 1978 - Page B. Mayor Tyrell advised the Contract Cities Legislative Committee will be meeting December 6 to try to determine what action the association can collectively take regarding the ambulance costs being charged to the cities by the County. C. Councilman Atkins and Councilman Merritt commented on letter received from Senator Richardson regardiig:Southdrn California Association of Cities . efforts to restructure our society. D. Councilman Gillanders requested City Manager review his notes as to Council position on eligibility for fireworks, stand permits. Councilman Gillanders also advised the Sister City group is now involved in assisting Boy Scout Troop 177 in collecting and trans- porting used clothing to Baja, California, 14, ADJOURNMENT: On motion by Councilman Gillanders, seconded by Councilman Merritt meeting adjourned at 9:35 p.m. Next regular meeting of the City Council will be held Tuesday, December 5, 1978, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: (en(1472-n-a--L(1) Chief Deputy City Clerk