HomeMy Public PortalAboutCity Council_Minutes_1980-10-21_Regular 1980CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
OCTOBER 21, 1980
INITIATION
CALL TO ORDER:
Mayor Atkins called the regular meeting of • the City Council to
order at 730 p.m. on Tuesday, October 21, 1980, in the Council
Chamber of the City Hall,
2. INVOCATION:
The invocation was given by Dr. Edwin Linberg, Temple City Christi.a.n.
Church, 9723 Garibaldi Avenue.
3. The Pledge of Allegiance to the Flag was led by Mayor Atkins.
4. ROLL CALL:
Present: Councilmen- Dennis, Gillanders, Merritt, Tyrell, Atkins
Absent: Councilmen -None
Also Present: City Manager Koski -, City Attorney Martin, Assistant
City Manager Kimbrough,_Planning Director Dragicevich,
Parks and Recreation Director Kobett, Captain Butler,
Temple Station, Deputy Charles Gillmann, License
Investigator, and Julie Estrada, Temple City Times
5. CONSENT CALENDAR:
On motion by Councilman Tyrell, seconded by Councilman Gillanders,
Items A through.F were approved as 'recommended:
A. APPROVAL OF MINUTES: Regular Meeting of October 7, 1980 .
Approved as written.
B. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of October 14
(1) ZONE VARIANCE CASE NO. 80 -584, CONDITIONAL USE PERMIT CASE
NO. 80 -589, AND TENTATIVE TRACT NO. 40737 - 10859 -61 E. FREER ST.
City Council set public hearing on November 4, 1980, to
consider Planning Commission resolution approving subject
development.
(2) PUBLIC NUISANCE CASE NO. 80 -57: 5736 Rio Hondo
Adopted Resolution No. 80 -1938 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A
PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF.
(3) PUBLIC NUISANCE CASE NO. 80 -59: 4950 McClintock
Adopted Resolution No. 80-1939 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A
• PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF.
(4) PLANNING COMMISSION ACTION
Received and filed memo relating to action taken by the Planning
Commission at their regular meeting held October 14, 1980.
C. ACCEPTANCE OF SANITARY SEWERS - TRACT NO. 36377 - 9809-21 Lower Azusa
Approved the work completed as required by the Sanitary Sewer Agreement
and accepted for public use;: release the Sanitary Sewer Agreement
and Faithful Performance Bond in the amount of $21,000.
Council Minutes, October 21, 1980 - Page 2
AUTHORIZATION TO SOLICIT BIDS: CONSTRUCTION OF TWO SHADE
SHELTERS AT LIVE OAK PARK
Authorized staff to solicit bids for the construction of two shade
shelters at Live Oak Park,
E. RESOLUTION NO.. 80 -1940; EMPLOYMENT OF PERSONNEL
Adopted Resolution No. 80 -1940 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY APPOINTING PERSONNEL.
F. RESOLUTION NO. 80 -1941: WARRANTS AND DEMANDS
Adopted. Resolution No. 80 -1941. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$99,529.52, DEMAND NOS. 931 THRU 1005.
UNFINISHED BUSINESS:
6. PUBLIC HEARING: APPEAL TO PLANNING COMMISSION DECISION RE; MODIFICATION
OF CONDITIONAL USE PERMIT NO. 80 -576 - IVANHOE, 9669 E, LAS TUNAS DRIVE
City Manager Koski presented.background information, stating the `
Planning Comuiission,.at their regular meeting held September 23, 1980,
adopted a resolution approving request to allow the establishment
at 9669 E. Las Tunas Drive to remain open seven days a week instead
of five days, and denying permission for the rear door to remain open
from noon to 8 p.m. Applicant appealed the Planning Commission
decision within the prescribed period of time, and City Council at
their regular meeting held October 7 set public hearing for
October 21, 1980..
Mayor Atkins declared the public hearing open, and there being -no
further staff report, invited anyone wishing to speak on the matter
to come forward.
George Pike, 151 N. Santa Anita Avenue, Arcadia, attorney for Mr.
Grande, stated, -in his opinion the request is a minor point designed
to accommodate the customer who drops in and has a drink on his way
home from work; the operation has changed from its previous catering
to a younger crowd which caused problems and the success of the
establishment depends on customers being able to drop in conveniently
If the open rear door from noon to 8 p.m. creates a problem it could
revert to its present condition. There is no evidence the change
could present a burden on the parking available, Mr, Pike pointed
out that•other bars in the City have rear doors .opening onto parking
lots and not approving the same for the Ivanhoe would be discrimina-
tory and a burden to one establishment.
Mr. Grande, owner /operator of the Ivanhoe Lounge, spoke .on the issues
stating what he is asking for -is a chance to make a living; there is
plenty of parking during the hours of his request; there is now a
double entrance with 18 ft. between the two doors and if he is able
to leave the rear door open. during the requested. period of time, no
noise would emanate to the outside, particularly in view of the fact
that there is'no entertainment during that time.
In answer to Councilman Tyrell's question why the request is from
noon to 8 p.,m., Mr. Pike advised, the Sheriff's Department recommends
the door be closed one hour prior to the start•of the entertainment..
Councilman Dennis expressed .concern that a customer, having used the
rear door when leaving before 8 p.m. may on subsequent visits use
the door when staying later. Mr.. Grande stated he would do whatever
is required mechanically to prevent that happening.
In answer to Council question whether the open door would present
any problems, Deputy Gillmann stated that in the event the City
Council approves the request, signs should be displayed advising
the door would be locked after 8 p.m.
Council Minutes, October 21, 1980 - Page 3
1
Councilman Gillanders stated that if an alarm were installed on .
the panic hardware, it could not be heard from the outside because
of the 18 ft. distance between the two rear doors.,
•
There -being no other testimony, Councilman Dennis moved to close
the public hearing, seconded by Councilman Gillanders and carried.
Councilman.Tyrell stated he sees no problem with the door being
allowed to remain unlocked from noon to 8 p.m. if an alarm is in-
stalled 'to prevent its use after 8 p.m.
Councilman Merritt felt approval of the door remaining unlocked
should be limited to 6 p.m.
Councilman Tyrell moved to sustain the appeal and approve the
rear door remaining unlocked from noon to 8 p.m. subject to the
condition that an alarm be .installed on the panic hardware of the
inner rear door; that the City Council retain jurisdiction; and
that entertainment be restricted to the hours 9 p.m. to closing,
seconded by Councilman Gillanders and carried.
Councilman Tyrell moved to adopt Resolution No. 80 -1942 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY RE: REQUEST FOR
MODIFICATION OF CONDITIONAL USE PERMIT - CASE -NO, 80 -576, TO APPROVE
REQUEST- TO.ALLOW ESTABLISHMENT TO REMAIN OPEN 7 DAYS A WEEK AND
PERMIT REAR DOOR TO REMAIN UNLOCKED, seconded by Councilman Gillanders
and carried.
7 ADOPTION OF NEW SECTIONS - LOS ANGELES COUNTY TRAFFIC ORDINANCE
NO. 6544
City.Manager Koski presented background information, stating the
Traffic.Commission had recommended to City Council that the Los
Angeles County Traffic Ordinance be adopted by reference; staff
has reviewed the entire ordinance and deleted numerous sections
not relevent to Temple City. •
City Attorney Martin introduced Ordinance No. 80 -495 AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING PART A
OF CHAPTER 3.0F'ARTICLE.III OF THE TEMPLE CITY MUNICIPAL CODE by
title only. Councilman Tyrell moved to waive further reading and
set public hearing November 4, 1980, seocnded by Councilman Dennis
and carried.
NEW BUSINESS:
None
8. COMMUNICATIONS,
19
A. .7.,H. Hedrick & Co. re Public Nuisance Case 80 -55, 6351
Temple City Boulevard
City Manager Koski presented a counaunication from J.H. Hedrick .
advising the status of the subject property and advised also the
company. has taken out a grading permit. Council continued the
matter-to-the November 4, 1980, meeting and requested a status
report at that time,
TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK.:
Mr. Ed Jenkins 9714 Callita Avenue, addressed the City Council
advising he wished to speak about proposed Annexation area 80 -2.
Mayor Atkins briefly explained the role of Los Angeles County
Local Agency Formation_ Commission.(LAFCO) and advised the City
Council had acted to proceed with annexation on the request of
LAFCO, stating the Council felt the City could offer the residents
better service from the Sheriff, provide recreation services, zoning
regulations, and a responsive Council at the local level. Mayor
Atkins also advised the residents` course of action would be to
attend the LAFCO public hearing scheduled for October 29,
Council. Minutes, October 21, 1980 - Page 4
Mr, Jenkins stated he had a petition with 336 signatures opposing
the annexation.; however, - he did.not.submit the petition to Council.
He further advised that LAFCO has informed him the City could .
rescind its resolution and he and his neighbors were here to ask
Council:toi reconsider their decision, stating they feel a part of
the City of Arcadia, are satisfied with the police protection they
now have; many people do not want a.change in . the number of pets.
they have.; they do not want restrictions on overnight parking; and
they feel they would lose some services, such as Dialma -Ride from
the City.. of Arcadia, meals -on- wheels, etc. Mr. Jenkins stated the
residents see no benefit to annexing to Temple City and hope that
Council will.respond.and vote to rescind their application:for
annexation; that if they must annex, they would prefer that it be
to Arcadia,
Mayor Atkins addressed some of the remarks by Mr. Jenkins, stating
the Sheriff has advsed:they'can cut response time from 8.1 to 5.5
minutes for the residents in Annexation 80 -2; that he would suspect
they are getting service from Arcadia's Dial -a -Ride which they are
not legitimately en.titled.to; meals -on- wheels is a private service
operating throughout the valley;. and the City feels it can offer
local- government at the residents' convenience..
In answer. to Councilman Dennis' question whether the residents in
that.area.are happy with the traffic enforcement, Mr. Jenkins stated
the only problem seems to be at Temple City High School, and it does
not affect them.
Councilman Tyrell congratulated Mr. Jenkins -on his excellent pre -
sentation;- .- however, it has been his experience that wh.en..the City
incorporated 20 years.ago there were many citizens who objected
at that time, but that many have seen the good of that move and no
longer object; that LAFCO has decided that area is in Temple City's
sphere of influence,-the area is within the Temple City Unified
SchooLDistrict. What the residents have now is government by .
default, and the County cannot afford to govern the islands which
exist.and will eventually mandate you to be governed by either
Arcadia or Temple City and hopefully, if the annexation goes through
Temple -City can provide good local government to the residents.
Councilman- Dennis stated he believes it would be wrong to withdraw
the application for annexation at this time; any decision made now
should.be made by the County based on the impact made by the
residents in the affected area.
Councilman Gillanders stated he also feels the decision should be
made by LAFCO.
Mayor Atkins stated he shed. =she same view. It is inevitable
the area will be annexed, stating that if the County doesn't en-
courage annexation the State legislator's will.
RECESS TO CRA
City Council recessed at 8043 p.m; to meet as the Community Redevelopment
Agency, all members being present_approved. the minutes of the regular
meeting held October 7, 1980, and approved request to sell Christmas
trees on the vacant lot at the southwest corner of Rosemead Boulevard
and Las:Tunas Drive. The minutes are set forth in full in the records
of the-Agency.
RECONVENE AS CITY COUNCIL:
10. ACTION ON REQUEST BY CRA:
There was no action to be taken,
11. MATTERS FROM CITY OFFICIALS
A. Emergency Operations Center Carpeting
City Manager Koski presented a. request for approval for installation
of floor carpeting at an estimated cost of $2,400 to improve the
,Council Minutes, October 21, 1980 - Page 5
1
1
acoustics in the Emergency Operations Center,
Councilman Gillanders suggested an acoustical ceiling be installed
prior to the carpeting.
Councilman Merritt moved to .approve installation of acoustical
ceiling and carpeting, seconded by Councilman Dennis and carried.
B. Mayor Atkins advised he had received a letter of resignation
from Commissioner Andrews. Councilman Merritt moved to accept
Commissioner Andrews resignation from the Parks and Recreation
Commission, wtih regrets, seconded by Councilman Gillanders and
carried:
Councilman Dennis stated Commissioner Andrews should be commended
for a fine job. One of the outstanding accomplishments he had was
to open the line of communication between the Parks and Recreation
Couunission and youth groups utilizing the parks, bringing the groups
an understanding of(why some things were done the way they were
C. Councilman Dennis again brought Council's attention to the
League resolutions, stating he would vote his conscience unless he
had comment from Council.
D. Councilman Gillanders directed Council's attention to three
seminars on Automatic Data Processing to be held at USC and moved
to approve the City Manager and City Treasurer attendance, seconded
by Councilman Merritt and carried.
E. Councilman Tyrell expressed regret the Planning Director tendered
his resignation, stating Mr. Dragicevich has given 15 years of
excellent service to the City.
F. Mayor Atkins directed Council's attention to communication he
received advising the Mayors of San Jose -and South Lake Tahoe were
holding -a -press conference during the League conference to try to
get support for Proposition 2, an initiative which would take away
their local control.
O
Mayor.Atkins also advised -he -had received a communication from the
City of Pomona asking he support Proposition A. At this time he .
opposes the •proposition because he sees no advantage to San Gabriel
Valley.
12. ADJOURNMENT:
On motion .by Councilman.Gillanders, seconded by Councilman Dennis,
and carried, meeting adjourned-at-9:03 p,m - Next.regular meeting of
the :Cit.y.Council will be held Tuesday, November 4, 1980, 7:30 p.,m., in
the Council. Chamber of the City Hall.
ITTEST:
Deputy City C.er
MAYOR