HomeMy Public PortalAboutCity Council_Minutes_1978-12-19_Regular 1978CITY 'jr, !'P IE CITY
CITY COUNCIL
MINUTES.
DECEMBER 19, 1978
INITIATION:
1, CALL TO ORDER:
Mayor Tyrell called the regular meeting of the City Council to
order at 7 :32 p.m. on Tuesday, December 19, 1978, in the Council
Chamber of the City Ha11
INVOCATION:
The invocation was given by Elder William Swain, Reorganized Church
of Jesus Christ of Latter Day Saints, 9458 E. Broadway.
The Pledge of Allegiance to the Flag was led by Mayor Tyrell.
4 ROLL CALL:
Present:
Absent:
Also Present:
Councilmen- Atkins, Dennis, Gillanders, Merritt, Tyrell
Councilmen -None
City Manager Koski, City Attorney Martin, Assistant
City Manager Pucci, Parks and Recreation Director Kobett,
Planning Director Dragicevich, Traffic Engineer Envall,
Lt, Dick Wallace, Temple Station, and Steve Johnston,
Temple City Times
5. CONSENT CALENDAR:
Item B on the Consent Calendar was continued to the regular meeting of
the City Council to be held January 2, 1979.
On motion by Councilman Merritt, seconded by Councilman Gillanders
Items A, C through E were approved as recommended.
A. APPROVAL OF MINUTES. Regular Meeting of December 5, 1978
Approved as written.
C RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of December 12
(1) SET PUBLIC HEARING, TENTATIVE TRACT 35986 - 9704 & 9710 LONGDEN
set public hearing January 16,1979.
(2) PUBLIC NUISANCE CASE NO, 78 -46: 9044 OLIVE STREET
adopted Resolution No.. 78 -1772 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A PUBLIC NUISANCE,
AND ORDERING ABATEMENT THEREOF.
D. RESOLUTION NO, 78 -1770: EMPLOYMENT OF PERSONNEL
adopted Resolution No. 78 -1770 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY APPOINTING PERSONNEL.
E RESOLUTION NO, 78- 1771: WARRANTS & DEMANDS
adopted Resolution No 78 -1771 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$44,594 43, DEMAND NOS 11002 TIIRU 11097.
UNF IN I SHED" BUSINESS :
6. PUBLIC HEARING: REVOCATION OF ENTERTAINMENT AND DANCE PERMIT -
IVANHOE, 9669 LAS TUNAS DRIVE
City Manager Koski advised City Council, at their_ regular meeting on
November 21, 1978, held public hearing to consider application for.
Entertainment and Dance Permit required because of the new corporate
structure of J J Nightclubs, Inc
Council Minutes, December 19, 19/8 - t'age 2
City Council tentatively denied the request for entertainment and
dance permit based upon numerous complaints of the type of business
that has occurred in the past, the nuisances caused to surrounding
residents, and the commitment of innumerable hours of police resources
to the detriment of the rest of the City, and set public hearing for
December 19, 1978 relating to revocation of an entertainment and dance
permit for subject establishment.. The present owner, Mr. Ronald Imfeld,
has been notified of the public hearing as well as the property owners
within 300 ft. radius of the Ivanhoe. Staff report includes the City
Attorney's opinion on revocation of permits.
Mayor Tyrell declared the public hearing open and invited anyone
wishing to speak to come forward.
Mr.. Mark O'Brien, 701 S. Atlantic Avenue, Monterey Park, attorney
representing J & J Nightclubs, Inc, stated one of his purposes at this.
hearing is to.clarify his clients position that a corporation is the •
present licensee, and assuming the permits are not revoked, J & J
Nightclubs, Inc. would be the new licensee; it is their 'position a
transfer of the entertainment and dance permits is not necessary, nor
would anything be gained by a transfer.
Mr_ O'Brien cited several court cases in support of his contention,
stating the courts have held once a permit is issued the power of a
municipality to revoke is limited where the permit was properly
obtained, The attorney stated his client has a vest property right
and is entitled to protection of that right. There are only certain
circumstances that may arise to deprive him of his property right and
they are: 1) if he fails to comply with reasonable terms and conditions,
and 2) if there is a compelling public necessity where the conduct of
the business constitutes a nuisance, Municipalities may not interfere
with private business and impose unusual or unnecessary restrictions.
Mr.. O'Brien quoted from Temple City Municipal Code Section 5207 which
states permit may be revoked if the conduct of such business does and
will in any manner endanger the public welfare or that the same has
been conducted in an illegal, improper or disorderly manner. Mr. O'Brien
asked if patrons do things that people don't like, or are improper, to
what extent does the business become a nuisance? and cited a court
decision that a lawful business enterprise may not be abated as a public
nuisance merely because patrons have acted improperly; and another court
decision which states a licensing agency may not impose upon its licensee
responsibility of governing conditions beyond its control.
Jr, O'Brien, in reviewing the transcript of the City Council meeting
held November 21, 1978, found that one person made a complaint about
the patrons of the Ivanhoe off the business premises; also various
reports from enforcement officials stated there has been no unusual
incidents on the premises, and suggested the complaint of one individual
is insufficient grounds to declare the Ivanhoe a public nuisance.
In answer to questions from Council members, Mr. O'Brien advised since
the change in management November 1, 1978, the emphasis on disco music
has changed, the number of patrons has reduced substantially,, and all
improvements in building and electrical as specified by those agencies
have been complied with. There is a dress code for patrons, a person
hired to screen patrons arriving to see that no incidents occur within
the premises.
Councilman Dennis stated one of the conditions of granting the permit
+s a security guard in the parking lot and that the parking lot be
::Neared within a reasonable time following the close of business,
and inquired whether that condition is being complied with at this
time. Mr. O'Brien stated it was not; that although the parking lot is
inspected following the close of business no specific person has been
hired to control activities in the parking lot. City Manager Koski
advised that condition was imposed at a time when there was a high
volume of business and when the business tapered off that requirement
was waived.
Council Minutes, December 19, 1978 - Page 3
In answer to question from Councilman Dennis regarding a security
guard in the parking lot, Mr° O'Brien stated that should City
Council determine a problem will occur in the parking lot, his
client will do whatever is reasonable to eliminate the problem..
In answe.r to Councilman Dennis' question whether transfer of the
corporate stock gives the City the opportunity to review the permit
ro determine whether the new owner is desirable, City Attorney
Martin stated the transfer of stock is a transfer as such, a cor-
poration is a person under the eyes of the law of California and
the. Council has the opportunity to review the permit.
Jack Hill, 5931 N. Kauffman Avenue, stated that only three weeks ago
a carve across his front lawn; there are beer cans thrown in
his front yard; people congregate on Kauffman Avenue in the early
morning hours and he can't walk his dog because he is intimidated
by the people; to him the operation of the Ivanhoe is, a nuisance.
Mr., O'Brien responded to Mr... Hill's statement, stated the liquor
bottles or beer cans cannot.be from the patrons of the Ivanhoe since
their li.qu.or license does not permit sale of beverages which can be
taken off the premises, if Mr. Hill feels threatened that is an
enforcement problem.
Lt. Dick. Wallace testified in answer to questions from Council that
he would estimate 60 to 70 complaints at Temple Station over the
past year which would include an area encompassing several hundred
feet i.n. any direction. Lt. Wallace stated.that several years ago
officers were required to list everything observed around the Ivanhoe
and at t.h.at time observations, calls, etc. were detailed. He stated
that on Friday and Saturday night, the Ivanhoe being an establishment
where problems are likely to occur, it is not unlikely time spent
in t.hat vicinity could be one to two hours. In answer to questions
from Mr. O'Brien, Lt. Wallace stated in his opinion complaints
relating to the Ivanhoe have decreased in the last three months;
that he has never personally met with Mr, Imfeld although several
officers have related he has been extremely cooperative.
In answe.r to question from Councilman Dennis, City Attorney Martin
suited the Council is at this time, considering whether the operation
of the I.vanh.oe has been, is now, or will be a public nuisance.
There being no one else come forward to speak, Councilman Atkins
moved to close public hearing, seconded by Councilman Gillanders and
carried,
Ci..ry Attorney Martin advised Council that on the basis of the e.vi.dence
adduced at t.hi.s hearing their .alternatives would be: 1) to make a
fi.ndi.ng this property. has in the past over a reasonable period been•
conducted. in such a manner as to constitute a public nuisance dis-
turbing the normal and reasonable enjoyment of property in the area,
and that these. conditions and the public nuisance have been the fault
of or controllable by the operator of this business as opposed to
the conduct of persons which are normal police matters, and therefore
th.e. permit should be revoked;. 2) there has not been a quantum of
evidence presented which should take away the property right. of the.
operator to indicate he 1.s responsible for the operation of any public
nuisance or controllable by him as opposed to normal incidents which
are controllable by the police and, therefore the permit should not
be.•revoked; 3) there has been a public nuisance and there should,
therefore. be attached some additional conditions which would control
a publ..i.c nuisance; and .4) to continue this matter for further hearing,
Tn answe.r to question from Councilman Dennis, City Attorney Martin
stated. he has heard no evidence that the activities are cont.ollable.
by the. operator or should be controllable by him„
Councilman, Merritt moved there has been insufficient evidence to
warrant revoking the entertainment and dance permits for the Ivanhoe,
seconded by Councilman Gillanders and carried on a roll call vote:
ROLL CALL
AYES: Councilmen - Atkins, Dennis, Gillanders, Merritt, Tyrell
NOES: Councilmen-None
Council Minutes, December 19, 1978 -. Page 4
7, ORDINANCE N0. 78-47L 2nd read RELIGIOUS SOLICITATION
City Attorney Martin read Ordinance. No 78 -471 AN ORDINANCE OF
THE CITY OF TEMPLE CITY ADDING A NEW CHAPTER 6A TO THE TEMPLE
CLTY CITY CODE RELATING TO RELIGIOUS SOLICITATIONS for second
reading by title. only. Councilman Atkins moved to waive further
reading and adopt., seconded by Councilman Merritt and c.arri.ed.
ORDINANCE NO 78 -472: 1st read RELATING TO FEES FOR PLANNING
DEPARTMENT SERVICES
City Attorney Martin presented Ordinance No 78 --472 AN ORDINANCE
OF THE CITY OF TEMPLE CITY AMENDI.NG.SECTIONS 9205 AND 9252 OF. THE
ZONING CODE OF THE CITY OF TEMPLE CITY for first reading by title
only, which ordinance provides that fees for planning department
services will be prescribed by resolution adopted from time to time..
Councilman Atkins moved to waive further reading, seconded by
Councilman. M.e.r.r.itt, and carried,
NEW BUSINESS:
9. RECOMMENDATIONS FROM TRAFFIC COMMISSION - Meeting of December. 6
A. TRAFFIC SIGNAL SYSTEM - DESIGN MODIFICATION
City Manager Koski presented background information. stating the
Traffic Commission considered the alternatives to the problem
relative to fixed time traffic control equipment. interfaced. with
traffic actuated units resulting in a malfunction in the. design
of the circuitry. Th.e.Comtnissi.on felt that. since the Ci.t.y was put
on notice of the problem by Signal Maintenance Inc, a. liability
could not be overlooked and recommended that the report malfunction
at the 17 intersections, be corrected with a modification, at a
cost of $237 per intersection.
Councilman Me.rritt. moved to approve Traffic Commission. recommendation
to modify signals at. 17. intersections and appropriate an additional
fund in the amount. of $4,029 and. amend the adopted budget accordingly,
seconded. by Councilman Atkins and carried:
B. PILOT STUDY - "ALL RED" INTERVAL SIGNAL PHASING
City Manager. Koski presented. background information stating the
Traffic. Commission, in reviewing. the number and type of accidents
since the initiation of the two second "all red" interval phasing.
as compared to.pr.ior to t.he• implementation of the study, felt. the.
six month period is insufficient. to gat.h.er conclusive evidence.
and recommends extension. of the pilot study on the. eight signalized
intersections for an additional six months in order to make an
evaluation.
Traffic Engi.ne.er. Envall stated the study has not shown positive
results and he would like to have a longer period of time to
determine if the "all red" interval signal phasing is more than
cosmetic.
Councilman Atkins moved to approve. Traffic Commission recommendation
to extend the pilot. study for an additional six months, seconded by
Councilman. Gi.11anders and carried,
C. GOLDEN WEST AVENUE &. LEMON AVENUE - FOUR WAY STOP CONTROL.
City Manager Koski presented. background information, stating the
Traffic. Engineer presented a study from the Los Angeles County Road
Department•on th.ei.r•findings relative to a request fr.om.a resident
for a four way stop control at Golden West and Lemon A.ve.nue, which.
study resulted in Road Department recommendation to install stop
signs on Golden West. Avenue at Lemon Avenue, making the intersection
a four way stop.
Councilman Merritt moved to approve. the installation of stop ,,i.gns
with stop and bar pavement markings on Golden West Avenue at Lemon
Avenue, seconded by Councilman Gi.11a.nders and carried.
Council ?.1ir.ntes , December 19, 1978 - Page 5
10, COMMUNICATIONS:
There were no communications.
11. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK
1
Reverend Marshall Ketchum, First United Methodist Church, speaking on
behalf of the Ministerial Association, stated at the request of the
Mayor the Association is willing to endeavor to provide someone to give
the invocation at each City Council meet.ing.. Reverend Ketchum stated
he hoped the Ministerial Association will work more closely with the
City officials in any way the Constitution will allow.
RECESS S TO CRA:
City (Council recessed at 8:52 p.m, to meet as the Community Redevelopment
Agency, a 1 1 members being present; approved the minutes of the regular
meeti.nt:, held December 5, 1978, and adopted resolution approving warrants
and demands. The minutes are set forth in full in the records of the Agency.
RECO'!VENE AS CITY COUNCIL:
12, ACTION ON REQUEST BY CRA:
There was no action to be taken.
Li. MATTERS FROM CITY OFFICIALS:
A, APPROVAL OF WATER SYSTEM''= TRACT 32644, 9925 -41 GARIBALDI AVENUE
1
City Manager Koski presented recommendation from the County of Los
Angeles Department of County Engineer- Facilities that the installation
of water main system and appurtenances for subject tract be approved.
Councilman Atkins moved to find that all work has been completed as
required by the Subdivision Water System Agreement for Tract No. 32644,
to release the Agreement, Form A -3, between the City and developer, and
to release Surety Bond No. SC 708 2295 in the amount of $11,000, seconded
by Councilman Gillanders and carried.
B Councilman Atkins stated he read with interest the resolution
adopted by the Arcadia Board of Education opposing Metropolitan busing,
and stated he would support the City's adopting a similar resolution.
Council concurred and instructed City' Attorney Martin to prepare a
similar resolution for adoption at the next regular meeting of the City
Council
C, Councilman Gillanders stated Scout 167 and volunteers delivered
clothing and supplies to Baja, California which was well received
D Councilman Merritt advised that John Parkhurst, Engineer, County
Sanitation District, will retire at the end of the year, and commended
him on the excellent job over the years.
E. Mayor Tyrell expressed the appreciation of the City Council for
the fine cooperation and warm relationship experienced in the numerous
activities Lt. Dick Wallace has participated in over the years and
wished him well in his new assignment.
ADJOURNMENT:
On motion by Councilman Dennis, seconded by Councilman Gillanders,
meeting adjourned at 9 p m Next regular meeting of the City Council
will be held Tuesday, January 2, 1979, 7:30 p..m in the Council
Chamber of the City Hall.
ATTEST:
Ahi :
Cr-Deputy City Clierk