HomeMy Public PortalAboutCity Council_Minutes_1981-06-02_Regular 1981CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
JUNE 2, 1981
INITIATION:
1. CALL TO ORbER:
Mayor Merritt called the regular meeting of the City Council to
order at '7:33 p.m. on Tuesday, June 2, 1981, in the Council
Chamber of the City Hall.
2. The invocation was given by Reverend Craig Cox, St. Luke's Catholic
Church, 9451 E. Broadway.
3. The Pledge of Allegiance to the Flag was led by Mayor Merritt.
4. ROLL CALL:
Present: Councilmen - Atkins, Dennis, Gillanders, Tyrell, Merritt
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Assistant
City. Manager Kimbrough, Director of Parks and Recreation
Kobett, Associate Planner Chris Peterson, and Julie
Estrada, Temple City Times
5. CONSENT CALENDAR:
On motion by Councilman Gillanders, seconded by Councilman Atkins,
Items A through H on the Consent Calendar were approved as
recommended, Councilman Tyrell abstaining as to Item A.
A. APPROVAL OF MINUTES - Regular Meeting of May 19, 1981
Approved as written.
B. PROPOSED BUDGET - FY 1981 -82
Received the proposed budget for fiscal year 1981 -82 and set public
hearing June 16, 1981.
C. PLANNING COMMISSION ACTION - Meeting of May 26, 1981
Received and filed memo relating to action taken by the Planning
Commission at their regular meeting held May 26, 1981.
D. APPROVAL OF FINAL MAP: TRACT 37582, 4503 ELLIS LANE
Approved the final map, accepted easements as offered for dedication,
approved and accepted agreement and bonds to construct sanitary sewers,
found that the project will not violate any of the provisions of the
Subdivision Map Act, and instructed the City Clerk to endorse on the
face of the map the approval.
E. RESOLUTION NO. 81 -1990: ADOPTING 1981 SUPPLEMENT TO PUBLIC
WORKS SPECIFICATIONS, 1979 EDITION
Adopted Resolution No. 81 -1990 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY ADOPTING 1981 SUPPLEMENT TO THE UNIFORM
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1979 EDITION.
F. REQUEST FOR JURISDICTION: SANTA ANITA AVENUE, LIVE OAK AVENUE
TO GRAND AVENUE - AND APPROVAL OF AGREEMENT
Adopted Resolution No. 81 -1991 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY, CALIFORNIA, CONSENTING TO ESTABLISHMENT OF
SANTA ANITA AVENUE WITHIN SAID CITY AS A PART OF THE SYSTEM OF
HIGHWAYS OF THE COUNTY OF LOS ANGELES, and approved agreement with
County to provide administration of the project and authorized the
Mayor. and City Clerk to sign.
Council Minutes, June 2, 1981 - Page 2
G. RESOLUTION NO. 81 -1992: EMPLOYMENT OF PERSONNEL
Adopted Resolution No. 81 -1992 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY APPOINTING PERSONNEL.
H. RESOLUTION NO. 81 -1993: WARRANTS AND DEMANDS
Adopted Resolution No. 81 -1993 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$86,784.14, DEMAND NOS. 1984 THRU 2047.
6. UNFINISHED BUSINESS:
A. PUBLIC HEARING: 7:30 p.m. APPEAL OF PLANNING COMMISSION DECISION -
MODIFICATION OF ZONE VARIANCE CASE NO. 79 -565, 9094 LAS TUNAS DRIVE
City Manager Koski presented background information, stating the
Planning Commission approved a modification to Zone Variance Case
No. 79 -565 in August of 1980 and requested the City Council review
as concern was expressed that a full Environmental Impact Report had
not been prepared. City Council, at their regular meeting held
August 19 appealed to itself the Planning Commission approval and
requested an Environmental Impact Report be prepared and set a
tentative date of October 5 to hear the appeal. Applicant sub-
mitted the E.I.R., preliminary drafts were reviewed by staff and
modified by the Environmental Impact Report consultant. Legal
noticing for the E.I.R. was published and notice of the Modifi-
cation of zone variance was mailed to property owners within the
300 ft. radius of subject property.
City Manager Koski further reported the proposed development is a
two - story, 18,645 sq. ft. commercial storage building with approxi-
mately 100 storage rooms. The issue involves a land use variance
to allow storage, which is an industrial use, in the C -2 zone, to
reduce required side and rear yard setbacks to zero feet, and to
reduce the required off - street parking from 40 to 19 spaces.
Mayor Merritt declared the public hearing open, and there being no
further staff report, invited anyone wishing to speak to come forward.
Bernard Bender, owner of the property, referring to Exhibit 3, feels
the proposed development is a good one; that the required parking is
without proper knowledge of the needs for this type of operation.
He believes there is a need for commercial storage in Temple City
and at present the merchants are renting garages. With this type
of operation, the garages will be freed for vehicle storage and take
some of the cars off the street.
Councilman Gillanders stated the Environmental Impact Report is the
most complete one he has ever seen.
In response to a question from Councilman Atkins as.to whether the
building will be sprinklered, Mr. Bender replied that he would do
whatever requirements the Fire Department placed on the construction.
Mr. Bender also stated there would be a guard on duty 24 hours a day,
and in answer to question from Councilman Gillanders, stated the
ambient level of noise referred to in the E.I.R. is the current noise
reading, and the only additional noise would be from the fork lift.
Councilman Dennis stated his primary concern was the potential of
fire hazard because of its close proximity to surrounding structures.
The Environmental Impact Report states the applicant will meet the
requirements of the County Fire Department which may include smoke
detectors, sprinklers, 4 -hour wall, etc.
Councilman Tyrell expressed the concern that sometime in future
the building may be used for another purpose and not have sufficient
parking. City Attorney responded the approval can be for the limited
purpose of storage, and should the premises be used for any purpose
other than inside storage then the parking variance will lapse.
Council Minutes, June 2, 1981 - Page 3
In answer to question relating to elimination of potential risk
by having flammable materials stored, Mr. Bender replied that
his customers will be required to sign a statement of intended use
which gives the Fire Department the right to enter for annual or
semi - annual inspections.
Councilman Gillanders stated the applicant could be required to have
fire legal liability insurance which would cover any damage done to
surrounding properties. Mr. Bender replied that he presently carries
$1 million liability insurance.
In answer to questions by Council, Battalion Chief Beasley and Captain
Jansen from Station #47 stated the Fire Prevention inspections always
establishes types of materials approved for type of occupancy of a
building and takes steps to make the buildings safe. The Captain
also related that at a recent class for fire prevention, he learned
a precedent has been set for this type of use in the City of Rosemead
and City can ascertain the Fire Department's requirements for that
commercial venture.
John Conover, 9110 Las Tunas Drive, expressed his support for
approval for modification of the zone variance, stating Mr. Bender
has done an excellent job on the property. He feels the fire potential
is no greater than for any of the stores along Las Tunas which have
a zero setback.
Councilman Tyrell expressed the desire to continue this matter to a
study session after staff has met with the Fire Department to address
Council's concerns. Councilman Gillanders agreed.
Councilman Dennis felt there was no need for a study session. The
Captain has indicated the Fire Department has learned from their
experience with a similar operation and the applicant has agreed to
do whatever the Fire Department requires.
Councilman Atkins felt that the potential fire hazard is sufficient
in considering that the granting of a variance will not be materially
detrimental to the public welfare or injurious to the adjacent
property to warrant a study session on this issue.
Councilman Atkins moved to continue the public hearing to the
June 16 City Council meeting and have a study session to discuss
certain issues with the Fire Department, seconded by Councilman
Tyrell and carried.
B. PUBLIC HEARING: 1972 LANDSCAPING AND LIGHTING DISTRICT -
1981 -82 ASSESSMENT
City Manager Koski presented background information, stating the
City Council at its regular meeting held May 5, 1981, reviewed
the. Engineer's Report for the City -Wide Lighting District for
fiscal year 1981 -82 and adopted resolution declaring its intent
to order the FY 1981 -82 levy and fixing June 2, 1981 to hear
objections. Notices were published as required by law. No change
is proposed in the current assessment rates of $11.50 per dwelling
unit in Zone A residential, and $3.50 per dwelling unit in Zone B
residential, and 64.4 cents per front foot for commercial.
Mayor Merritt declared the public hearing open and invited anyone
wishing to speak to come forward.
Boyce O'Bannon, 10316 Olive Street, inquired whether the newly
annexed area would be paying their prorata share and was advised
there is a surplus in the Longden Lighting District which will
come to Temple City and their levy was set the same as the
City -wide Lighting District.
There being no one else come forward, Councilman Tyrell moved to
close the public hearing, seconded by Councilman Gillanders and
carried.
Council Minutes, June 2, 1981 - Page 4
Councilman Tyrell moved to adopt Resolution No. 81 -1994 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING THE LEVY AND
COLLECTION OF ASSESSMENT FOR FISCAL YEAR 1981 -82 WITHIN THE CITY -WIDE
LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972, seconded by Councilman Atkins and carried.
C. PUBLIC HEARING: PROPOSED ORDINANCE AMENDMENT RE: MODULAR
HOMES IN RESIDENTIAL AREAS
City Manager Koski presented background information, stating the
Planning Commission, at their regular meeting held May 12, 1981,
held public hearing and adopted a resolution recommending to the
City Council a zoning ordinance amendment to include modular homes
in the R -1 zone. The State of California requires the City to
provide a means to allow factory -built homes or mobile homes, to
be called as a group "modular homes" to be placed on individual
lots in single family residential areas by July 1, 1981. City
Council, at their regular meeting of May 19 set public hearing
June 1, 1981.
Councilman Atkins moved to continue the public hearing to June 16,
1981 to give Council the opportunity to review at the June 15
Study Session, seconded by Councilman. Dennis and carried.
7. NEW BUSINESS:
A. HOUSING AND COMMUNITY DEVELOPMENT LETTER OF APRIL 20, 1981
RE: TEMPLE CITY HOUSING ELEMENT DEFICIENCIES
City Manager Koski stated the Planning Commission reviewed the
letter from the State Housing and Community Development Department
and have set forth some points Council may wish to consider in
drafting an appropriate response.
Councilman Atkins moved to refer this matter to the June 15 Study
Session, seconded by Mayor Merritt and carried.
A. Councilman Atkins stated he had received a letter from the
Rotary Club thanking him for his participation in the Bicycle
Safety Day Program.
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
John Conover, 9110 Las Tunas Drive, spoke about the unsightly
wires hanging from the poles along Las Tunas from Christmas to
Christmas.
RECESS TO CRA:
City Council recessed at 8:55 p.m. to meet as the Community Redevelopment
Agency; approved the minutes of the regular meeting held May 19, 1981;
approved Conditional Use Permit Case No. 81 -619 to allow remodeling and
operation of an automobile service station at 5505 Rosemead Boulevard;
and adopted resolution approving warrants and demands. 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. City Council received a memo relating
Referral Program and continued the matter
B. City Council approved the appointment
as set forth in City Manager's memo dated
to the Senior Citizens
to the June 15 Study Session.
of Planning Director
May 29, 1981.
1
1
Council Minutes, June 2, 1981 - Page 5
C. City Council set Budget Study Session for Monday, June 8,
7:30 p.m. and Study Session Monday, June 15, 1981 at 7:30 p.m.
D. Councilman Gillanders stated the Temple City Pony -Colt team
would meet with a Japanese team on August 15 and he would hope
an appropriate presentation will be made at that time.
12. ADJOURNMENT:
On motion by Councilman Tyrell, seconded by Councilman Atkins,
meeting adjourned at 9:03 p.m. Next regular meeting of the
City Council will be held Tuesday, June 16, 1981, at 7:30 p.m.
in the Council Chamber of the City Hall.
ATTEST:
Chief Deputy City Clerk