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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