HomeMy Public PortalAboutCity Council_Minutes_1981-09-15_Regular 1981CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
SEPTEMBER 15, 1981
INITIATION:
1. CALL TO ORDER:
Mayor Merritt called the regular meeting of the City Council to
order at 7:30 p.m. on Tuesday, September 15, 1981, in the Council
Chamber of the City Hall.
2. The invocation was given by Mayor Merritt.
3. The Pledge of Allegiance to the Flag was led by Mayor Merritt.
4. ROLL. CALL:
Present:
Absent:
Also Presen.t:.
Councilmen- Atkins, Dennis, Gillanders, Tyrell, Merritt
Councilmen -None
City Manager Koski, City Attorney Martin, Assistant
City Manager Kimbrough, Planning. Director Shaw,
Parks and Recreation Director Kobett, and Fire Chief
Harold McCann.
At this time,: Robert Kane, Manager. Temple City branch, Automobile Club
of Southern California,. presented a safety achievement award for the
year 1980 for outstanding: pedestrian safety. Mayor Merritt accepted
the award on behalf of the City Council and the residents of Temple City.
5. CONSENT CALENDAR:
A. APPROVAL OF MINUTES: Regular Meeting of September 1, 1981
The Mayor requested an addition to the minutes to reflect his
comments on the fact .the .City survives on the sales tax. Councilman
Atkins moved to approve as amended, seconded by Councilman Dennis
and carried.
On motion:by Councilman. Atkins, seconded by..Councilman.Dennis,
Items B through•H on theconsent calendar were approved as
recommended.
B. RECOMMENDATIONS FROM TRAFFIC COMMISSION - Meeting of
September 2, 1981
(1) ROSEMEAD BOULEVARD ,.EAST SIDE, SOUTHERLY OF BROADWAY -
Additional Parking Restrictions
Approved placing.. additional 96 feet.of - restricted parking
an-the east side of Rosemead. Boulevard from the .existing
red curb south of the alley_ south of Broadway, and ten feet
south of Rancho Real Road.
(2) ROSEMEAD..BOULEVARD., WEST.SIDE,-,NORTH OF BROADWAY -
"right turn only" sign (Burger King Driveway)
Approved installation_ of "right turn only" sign at the exit
driveway from Burger. King.
C. RECOMMENDATIONS FROM. PLANNING COMMISSION - Meeting of
September 8, 1981
(1) PROPOSED AMENDMENT - TO.TEMPLE.CITY ZONING CODE (SECTION
9119(L)(9) RELATING TO THE DETERMINATION OF FRONT YARDS
Set public hearing. October.6,.1.981,_..to.consider a proposed
amendment to the.Zoning Code-relating to the determination of
front yards.
Council Minutes, September 15, 1981 - Page 2
(2) PLANNING COMMISSION ACTION
Received. and filed- a, memo relating to .action..taken ,by .the
Planning-Commission-at-their regular meeting held September 8,
1981.
D. RECOMMENDATION FROM PARKING COMMISSION Meeting of
September :9,.198L -- ENFORCEMENT OF PUBLIC.._ PARKING LOTS -
CENTRAL BUSINESS DISTRICT DURING HOLIDAYS
Approved: the =.increase: of. enforcemen,t_to four•hours.per.day,
Monday.through Saturday from December 1 through December 24, 1981.
E, REQUEST'FOR•RATE INCREASE: SIGNAL MAINTENANCE, INC.
Approved,:an-8°{o -_. rate. increase.under -the...traffic signal maintenance
agreement, effective -- October 1, 1981.
F. RESOLUTION NO. 81- 2017: PEDESTRIAN FACILITIES - FY 1981 -82
Adopted:_ Resolution :No._81- 2017.A RESOLUTION OF THE CITY COUNCIL
OF THE CITY .OF.. TEMPLE ' CITY_ APPROVING.- THE :..APPLICATION -FOR PEDESTRIAN
FUNDS _;AUTHORIZED .UNDER_ .SB:_ 821. AND APPROVING THE ADOPTION OF ITS
SIDEWALK IMPROVEMENT, PROGRAM.
G. RESOLUTION N0. 81- 2018: EMPLOYMENT OF PERSONNEL
Adopted Resolution - Nod -81 -2018 A. RESOLUTION OF.. THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY APPOINTING PERSONNEL.
H. RESOLUTION:. NO. 81- 2019 WARRANTS AND DEMANDS
Adopted Resolution. No 81.-2.019. A: RESOLUTION :OF.. THE _CITY COUNCIL OF
THE CITY _OF.. TEMPLE_ ' CITY :ALLOWING_ CLAIMS •AND :_DEMANDS IN THE SUM OF
$60,709.15, DEMAND NOS. 2548 THRU 2597.
6 UNFINISHED.,BUSINESS:
A. .CONTINUED..'PUBLICYHEARING :.APPEAL..OF.. PLANNING. COMMISSION
._DECISION: - MODIFICATION_.OF ZONE VARIANCE CASE NO. 79 -565,
9094:..LAS .TUNAS- DRIVE..
City Manager. Koski reviewed_ the `;background - of this issue and
advised . the :. list_ of_ hazardous_material_which_.could conceivably be
found. in _ the_C -1 -. and C- 2�..zones:: was_ provided .. per request of . Council.
Mr. Koski .calledw attention.. to'_ .the_.let ter _ received from Mr. Bender
subsequent to . his _ discussion. wi.th::the 'Fire. Chief _ and the memo pre-
pared this .. day ... addressing_somerof'.the_ comments by Mr. Bender.
Mr. Bender's . - proposal _to'. construct ' :a_three - story structure of the
same height: as.. theorigina1:bui1ding;, . reduce the. reqiired' rear yard
setback, - reduce_ the_ required_ :number.- :of-.:parking spaces to 16, are
the issues for .Council:. consideration.
Councilman. Atkins .. inquired._.abotut -. the_:statement -.in. the September 11
memo that _ the-proposed development. is _ inconsistent with the
General_ Plan, .. -In.: answer ,_Planning:.:.DirectonShaw advised the
proposed- development. = is _ a_permitted.. use in the M -1., . Light
Manufacturing Zone :. and ._is_ considered'an industrial. type .use. The
proposed _ induustrial_. use is .not. in._: conformance_ with the City's
General Plan .. which _ designates _.the_area_as_' appropriate . for commer-
cial uses.._ .The._proposed.use_.is: also:_notcompatible for the C -2
zone, nor with .the_adjacent__residential land uses located to the
south and east of the project..
Council Minutes, September 15, 1981 - Page 3
Councilman Tyrell ..inquired:.whether.the_five feet on the south
side of_ the_ building_ is._.sufficient. to. use a -ladder for access
to the .building _...Ch.ief__McCann:.advised. that was. sufficient for
a fireman .to :u-se,,a :la er�_ _.Ii answer to. Councilman Gillanders'
.question .about two_bui.ldings.__adjacent. to.each other with insuffi-
ci,ent . space - being._ incr-eas.ed_ hazard, .. Chief'_-McCann. stated it would
be safer, because ..of_the_.incr:eased_fire_wall. Chief.McCann also
stated he would require a._.construction. :of this nature, and in this
location to be fully sprinklered,
Mayor. ._Merritt.stated_t.here..should be access to the.building along
the north wail,_.. and =..that. :it - :would_.not. be necessary to have a door
on the south'side of the building.
In answer. to Councilman . :Dennis9_questions_whether he was supporting
the recommendations... made june_30,_Chief :McCann.stated he would
support sprinklers.. for. the.proposal_now..presented. With sprinklers,
the developer could modify some of the requirements.
Mayor .Merritt reopened.the_.public..hearing and invited anyone
wishing to speak to come forward.
Mr, Bernard. Bender; stated _.the_.three..foo.t.,.space along the south
wa was..put-in.at_the..City's.. request __for. :landscaping_.purpose's,
and he would_be_happy_to_ eliminate ..itd__He.:spoke.to.Councilman
Gillanders'._ comment _about_buildings__being_..built side by side, in_his..opinion'that's a normal situation for commercial
development.
In answer . to_ questions__from...Council.,. Mr..Bender stated he would
be willing.. to_install..fire_doors_on_:each of.the three levels on
the north . :side.;...in :his_opinion_.the City's..parking requirements
do not. apply. to. this..type_of_operation_.. Other storage buildings
do not have.nearly as many parking spaces, even though the building
is larger.
Councilman._Tyre1l.. stated ._the..new ;proposal._before Council for a
three- story..building.would require re- notice to the affected
property owners.
Councilman .Dennis_stated_the._pu.blic hearing_before.the Council at
this time.is-.a. proposal :_for_a_.two- story_building which he feels
deserves consideration at this time.
Following._ discussion ._regarding.building.and. :fire department
r. equirements,. as well._as_parking_requirements, for.a.three -story
building, Councilman.Dennis..stated he._feels_Council.should not
encourage.. discussion ..at..this..time.._He feels the property is
unique enough and. serves.. a_need_.within_the_community; he would
approve - with. fire_department_conditionse :If Council is going to
discuss . :a_three- story..development, the developer should come in
with a complete application,
Councilman ._Atkins..stated_he_.shares Councilman_ Dennis. concerns.
Every_ .time -_Mre.Bender._comes- in_the project_gets..bigger,_ Any
decision ..this. -evening._ :should be based on the modification for
two -story building.
Mayor__Merritt.stated_his_only concern..whether the development is
two or three stories is the. fact.. that the total floor area changes
the parking space requirements.
Councilman. Tyrell _moved_to.continue._the_matter to October 6, 1981,
in order_ for _notices_to..be:givento._the affected. property owners,
and for the.. developer_to_. submit: a:. .revised..application,.seconded
by Councilman Gillanders..and..carried, Councilman Atkins and Dennis
noting their objections,
Council Minutes, September 15, 1981 —Page 4
B. PUBLIC. HEARING: ENTERTAINMENT AND DANCE PERMIT - IVANHOE,
9669 E. LAS TUNAS DRIVE
City Manager. Koski_ stated: the. City:_- has_.received.. an application
for a.. Dance Permit:. and Entertainment: Permit from:. the new owners
of the _cocktail_lounge_at..9669.a. _ Las. Tunas Drive. The Planning
Commission., .at. their..regular:meetingheidJuly 14, 1981, granted
a conditional use permit_ for_ the.. owners• to.. conduct_ a restaurant,
and they are now in.the_position..of. having to wait for the
installation of kitchen,. facilities.. They have requested the
dance, and entertainment - .permits _. in: the:: in.terim, _ intending to
operate the.business._as it is currently being run, subject to
all conditions.
There being no . further _staff_ report, . Mayor. Merritt declared the
public hearing _ open _ and :invited..anyone. wishing to speak to come
forward. The ...applicants_.did.. not : come forward, but indicated they
had read the. conditions ,,attached -to_.the_operation of the business
and accepted._ them. _ _ Ther :e_being.no...one-.else. come . forward to speak,
Councilman_Giilanders..moved to..close public hearing, seconded by
Councilman Atkins and carried.
Councilman_:. Gillanders _.moved_.to._approve_Dance. and Entertainment
Permit sub, ect . to .. special : +contl.it ions: : -1 _through .12., ..renewable for
•1982, seconded by Councilman Atkins and carried,
C. PUBLIC. HEARING:. _PROPOSED_.AMENDMENT. TO_TEMPLE CITY ZONING CODE
RELATING.TO_REGULATIONSAND /OR- PROHIBITION OF BILLBOARDS IN
THE INDUSTRIAL ZONE
City Manager_,Koski:presented :background information, stating the
City Council adopted,an_ordinance_:in_1971 relating to outdoor
advertising ..structures_in: the . City, .. providing.theyfbe permitted
only in the _M -1_ and..M- 2,:zones_,.... A. moratorium on the erection of
new billboards._ was._ initiated :_by:_ the .. City. Council.. in December,.
1980, for a -. period of..120. days. _._That _ period ..was extended for an
additional 240 days which.will.._expire. November 27, 1981. Planning.
Commission, at their regular._.meeting._held August 25, 1981, held a
public . hearing_ with _.four_members_presento..Two members abstained
from voting and the .two_voting,.:members made_a recommendation to
approve an. amendment _which_would.change_existing standards to maxi -
mum height for billboard- structures_ :to_.26_feet and prohibit their
construction closer than 200 feet from a residential zoned area.
Mayor Merritt declared the publicehearing_open and invited anyone
wishing to speak to, come ' forward. There being no one come forward
to speak., . Councilman.. Tyrell moved.: to . receive . and file letter
received from Pacific Outdoor Advertising, _seconded .by Councilman
Atkins and carried. _Counci.linan_Gillanders_.moved to close the public
hearing, seconded by Councilman Dennis and carried.
Councilman_ Tyrell.. moved .. to approve._ the_ Negative.. Declaration of
Environmental .. Impact:. and.. introduce_ Ordinance.. No, 81-510 AN ORDINANCE
OF THE CITY_.COUNCIL_0F_THE_CITY -.OF TEMPLE_CITY_APPROVING AN AMEND -
MENT TO_ THE._ ZONING_ ORDINANCE.. CODE.. RELATING . TO - THE REGULATION OF
BILLBOARDS.. IN. INDUSTRIAL ZONES...for. first .. reading. by title only,
seconded by Councilman Gillanders ... and carried,
D. PUBLIC .HEARING:._ - ORDINANCE _.N0. _ 81 -509 , _ 2nd. read e .. AMENDING THE
PROVISIONS OF THE C -1 ZONE RE: PERMITTED USES
City Manager Koski .. presented background information, stating the
City:Council,.on September: 1,. 1981, initiated and .held_ .first
reading on .an..ordinance to .allow ..travel _.bureaus as a .permitted use
in the _C -1. zone . without _ the ... restriction. of 1,000 sq. ft. of gross
floor area, and set.public_ hearing for Setember 15, 1981, and
also requested a report from the Planning Commission.
Council Minutes, September 15, 1981 - Page 5
Planning Co lssion at_ thelr_.regular._meeting_held September 8,
1981, discussed. th .e_issue..relating...to_.travel bureaus in the C -1
zone and.moved to._indicate to City Council their support for the
proposed amendment.
Mayor Merritt declared_ the_public_hearing.open and invited anyone
wishing to. speak.to. come_:forwarde.....There__was. no one come forward
to speak, and_ Councilman..Gillanders moved..to..close public hearing,
seconded by. Councilman ..Atkins_.and__carried. Councilman Tyrell
moved_to approve Negative. Declaration...of..Environmental Impact and
introduce• Ordinance. No ,.81- 509..AN_ORDINANCE.OF..THE CITY COUNCIL OF
THE CITY_OF_ TEMPLE .CITY_AMENDING._THE_PROVISIONS OF THE C -1 ZONE
WITH REGARD.TO.PERMITTED.. USES:. for_second_.reading_.by.title only and
adopt, seconded by Councilman Atkins and carried.
7e NEW BUSINESS:
A. PARTICIPATION IN COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
City Manager. Koski ._presented_a_staff...report relative to parti-
c.ipation .. in the Community Development Block Grant Program for
Council review.
Councilman. Gillanders ._moved.._to_continue._to_.a. Study Session to
be held Monday, October 5, 1981, seconded by Councilman Atkins
and carried,
B. CLARIFICATION.OF...AMBIGUITY: RETAIL SALES OF SELF - CONTAINED
PORTABLE SPAS
City Manager_ Koski_.. presented :_background..information stating the
Planning_ Commission,_. at. ..their...regular_,meeting_held September 8,
approved ...a. clarification _.of. ambiguity _to...provide for the retail
sales._of_portable self - contained spas as a permitted use in the
C -1 zone.
Counc.ilman...Gillanders. moved. ..to.:concur_with..the Planning Commission
and request .the ...Commission.._to_ :in tiate_an...amendment to the Zoning
Code to _permit . the . retail _.sales . of self contained portable spas
in.the C -1 zone, seconded by Councilman Tyrell and carried.
8. COMMUNICATIONS°
A. APPEAL. FROM TRAFFIC._ COMMISSION _.DECISION :....ABATEMENT OF CORNER
CUT -OFF OBSTRUCTION, 10308 OLIVE STREET
City Manager. K.oski__ presented__an__appeal_.from.Mr, _George.Maier of
10308 _.O1ive- Street.onTraffic_ Commission 's._denial..to.maintain
shrubbery at._hi
COUNCIL MINUTES, SEPTEMBER' 15, 1981 - Page
Bo REQUEST FOR .WHITE_CANE_ DAYS, .00TOBER 2 & 3, 1981 - HOST
LIONS AND CAMELLIA LIONS CLUBS
On motion by Councilman Tyrell, seconded by Councilman Atkins,
Council approved .request ...to_ solicit_ White... Cane:. Days.. October 2 &
3, and . Host . Lions ._ place . a. banner:... across:Temple_City Boulevard
and Las Tunas, . and . Camellia _Lions...to:_.sell:_White..Cane in the park
during City.. Picnic, all subject to the required Certificate of
Insurance°
Co CHAMBER OF COMMERCE RE: COMMUNITY EVENT - :OCTOBER 31, 1981
On motion by Councilman Tyrell, seconded by Councilman Gillanders,
Council .approved request_ from ...the._Mer.chants..Committee: to conduct
a Halloween Hoedown, Saturday ,._October_:31,....1.981,. including the
closure of Las Tunas . Drive . from ..:Temple._City... Boulevard . to either
Primrose or.Cloverly. and ..refer :_.to staff .,to ..coordinate the
necessary signing and other traffic control.....
9 TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
No one came forward.
RECESS TO CRA:
.
At this time, Council recessed to meet as_ the:_Cotmnunity...Redevelopment
Agency, .:all .members- .being present r...and...approved_.the.: minutes ..of the
regular_ meeting _held :September_1,_1981. 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. Personnel Complaint - Animal Control-
. ... _ ,.
Mrs. Rieder, .4869 Robinhood, ._stated..her..,do s._were.- impounded. from
her front .yard, and she: was... forced - .to..pay.._$25... for ._ their return,
which she feels should be reimbursed because her dogs never leave
the front yard,
Mayor Merritt stated the staff .. report states the animals were not
on their own property when they were_picked...up_and that the animals
have not been licensed for several years.
Councilman Tyrell pointed out.the.yard is..not-fenced...and the
Animal Control Officer found two unlicensed.dogs in the street.
Councilman.Dennis..stated the _complainant..was..not_.present at the
time the,. dogs.. were. picked...up,..and- .the..staff report indicates
they were .:picked .up :°in Tthe . street .
In answer.to Councilman. Gillanders ..question_.about...the. leash law,
City Manager Koski.. advised the•_.code._.states. a_dog.._not- .contained
within a fenced area is considered to be loose.
Councilman.Tyreli_moved _ to receive__an
d_file complaint, seconded
by Councilman Atkins and carried,
B. Ordinance No, 81 -511: Overnight Restriction of Shopping Carts
City Manager_Koski stated - the. proposedlordinance...regulation of
shopping. carts..on .public right- of- way...was_placed._on the agenda at
the request _of..the.Mayot_...:.Counciiman Gillanders felt the ordinance,
as written, is unenforceable,
1
1
Council Minutes, September 15,.1981_- Page _7.
Councilman :Tyrell :moved_to. continue _discussion.._to..a._.Study Session.
October 5, 1981, seconded by Mayor Merritt _and ..carried.
C. City Treasurer's Attendance_- Local._.Agency._Investment Fund
Conference, Sacramento, October 9, 1981__.___.
Councilman Tyrell moved to approve :.theJCity_Treasur.er._s attendance
at the subject . conference._ and authorize necessary expenditures;
appropriate _. funds .and _.amend_ the _adopted_,budget__accordingly,
seconded by Councilman Gillanders and carried_
D. League of California Cities Conference Voting Alternate
Councilman Tyrell moved _.to.. nominate _ :Councilman...Atkins..as. alternate
to the League conference, seconded by Mayor_. Merritt and carried.
E. Councilman Atkins stated.. the.. San.. Gabriel_.ValleyAssociation
of Cities meeting . is . scheduled -_ for_Thursday.,._:September 17, at the
Belle n' Beau Restaurant in Monterey'Park...
F. Councilman Atkins directed ::.Council °s= _attenton._to the
proposed . reapportionment, . stating- he• :_personally.objected, but
thought it premature for the City to do anything.
Councilman Gillanders _stated .he.: was _.most _unhappy . that some of
the Council .- objected : to _a . mailgram =going _out..to._the...chairman of
the reapportionment committee and he, therefore, sent a letter
personally.
Councilman _Tyrell ...expressed._regret the mailgram ._. did__ not go out,
while_.Councilman... Dennis . felt it would have been reactionary to
oppose at this time.
Mayor..Merritt stated he.also had - _opposed :_the._.mailgram_.going out
at this time,.and also felt it would not have influenced the
outcome.
G. Councilman . Gillanders .stated _.that :..Vic.Torrance, member of
the American . Legion, served, in _ the .California_National_-Guard in
1916 . and had never been ..dischargeda _Captain_Iimbrough__of the
National Guard will be presenting Mr. Torrance with his discharge
papers Wednesday evening.
H. Councilman Dennis commented .. on_ the_.monthly.report..regarding
the Senior Citizens Referrai_Program,_.noting there were 196
referrals during the month of August.
Councilman Dennis also requested ...a_ report., :from,_the_:.Sheriff's
Department on the Burglar Alarm Enforcement Program.
12. ADJOURNMENT:
1
On motion by Councilman Atkins,.seconded_by.Councilman.Dennis,
meeting ..adjourned at . 9:07 -pam_ _ _Next - regular- meeting of the City
Council .will .be.. held.Tuesday,,October_6, 1981, 7:30 p.m. in the
Council Chamber of the City Hall,
ATTEST:
ie ' eputy City
1U 4//J.2 -4
MAYOR