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HomeMy Public PortalAboutCity Council_Minutes_1982-05-04_Regular 19821 CITY OF TEMPLE CITY CITY COUNCIL MINUTES MAY 4, 1982 INITIATION: 1. CALL TO ORDER: Mayor Tyrell called the regular meeting of the City Council to order at 7:32 p.m. on Tuesday, May 4, 1982, in the Council Chamber of the City Hall. 2. The invocation was given by Father Craig Cox, St. Luke's Catholic Church, 9451 E. Broadway. 3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell. 4. ROLL CALL: Present: Councilmen - Atkins, Dennis, Gillanders, Swain, Tyrell Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Kimbrough, Parks and Recreation Director Kobett, Senior Planner Peterson, and Julie Estrada, Temple City Times 5. CONSENT CALENDAR: Councilman Gillanders requested Item F be removed and Councilman Dennis requested Item B -1 be removed from the Consent Calendar. On motion by Councilman Atkins, seconded by Councilman Gillanders Items A, B -2 through E, and G through I on the Consent Calendar were approved as recommended, seconded by Councilman Gillanders and carried. A. APPROVAL OF MINUTES - Regular Meeting of April 20, 1982 Approved as written. B. RECOMMENDATIONS FROM PARKS AND RECREATION COMMISSION - Meeting of April 21, 1982 (2) REQUEST FOR USE OF LIVE OAK PARK - TEMPLE CITY YOUTH FOOTBALL Approved request from Temple City Youth Football for use of Live Oak Park June 5, 12, and 19, 1982 for registration and from August 9 through December 3, 1982 for league practice and use of the Concession Stand during the regular football season, subject to the required Certificate of Insurance. (3) REQUEST FOR USE OF LIVE OAK PARK - TEMPLE CITY YOUTH SOCCER Approved request from Temple City AYSO for use of Live Oak Park May 1 and 22, 1982 for registration and from September 7, 1982 through February 26, 1983 and use of the Concession Stand during the regular soccer season, subject to the required Certificate of Insurance. (4) REQUEST FOR USE OF LIVE OAK PARK - TEMPLE CITY YMCA Approved request for use of Live Oak Park May 16, 1982 from 1:30 to 4 :00 p.m. for Indian Maidens and Indian Guides program, subject to the required Certificate of Insurance. C. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of April 27, 1982 (1) PROPERTY NUISANCE CASE NO. 82 -75, 9021 EMPEROR AVENUE There being no appeal to Planning Commission decision, Council adopted Resolution No. 82 -2072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A Council Minutes, May 4, 1982 - Page 2 PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF. (2) PLANNING COMMISSION ACTION Received and filed memo relating to action taken by the Plan- ning Commission at their regular meeting held April 27, 1982. D. COMMUNITY DISPOSAL COMPANY - REQUEST FOR RATE INCREASE FOR RUBBISH COLLECTION Approved a rate increase for single family residence from $5.75 to $6.35 per month, and for multiple dwellings, increase from $5.75 to $6.35 for the first unit and $3.15 for each additional unit, effective July 1, 1982. E. COMMUNITY DISPOSAL COMPANY - REQUEST FOR RATE INCREASE FOR STREET SWEEPING Approved a rate increase from $7.02 to $7.74 for each broom mile of sweeping, effective July 1, 1982. G. RESOLUTION NO. 82 -2068 ORDERING ENGINEER'S REPORT - FY 1982 -83 LEVY FOR CITY -WIDE LIGHTING DISTRICT Adopted Resolution No. 82 -2068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING AN ENGINEER'S REPORT FOR THE 1982-83 ANNUAL ASSESSMENT LEVY FOR THE CITY WIDE LIGHTING DISTRICT. H. RESOLUTION NO. 82 -2069: EMPLOYMENT OF PERSONNEL Adopted Resolution No. 82 -2069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. I. RESOLUTION NO. 82 -2070: WARRANTS AND DEMANDS Adopted Resolution No. 82 -2070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $91,651.39, DEMAND NOS. 3875 THRU 3921. CONSENT CALENDAR ITEM #B -1: LIVE OAK PARK IMPROVEMENT Councilman Dennis stated he would like to discuss the matter in detail since he is not certain what the Parks and Recreation Com- mission has in mind with respect to alternate locations for some of the uses. Council continued the matter to a joint study session with the Parks and Recreation Commission Monday, May 17, 1982, 9 p.m. at the City Hall. CONSENT CALENDAR ITEM #F: RESOLUTION NO. 82 -2067 - INDEMNIFYING CITY OFFICIALS Councilman Gillanders stated he would like to delete the last sentence in the last paragraph of Section 1. Mayor Tyrell re- quested the matter be discussed in Executive Session following the regular business agenda. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: 7:30 p.m. PROPOSED DEVELOPMENT, EDWARDS THEATRE ZONE CHANGE CASE 82 -649, APPEAL TO CONDITIONAL USE PERMIT 82 -65 AND ZONE VARIANCE CASE 82 -651 Mayor Tyrell stated for the record he would not participate in the discussion or decision of this matter because of a conflict of interest and turned the chair over to Mayor ProTem Dennis. City Manager Koski presented background information, stating there are three items before the Council this evening, all part of the proposed development. There is the consideration of a change of zone from R -4 to C -2 for property located at the southwest corner of Elm and Sultana Avenues, review of conditional use permit granted by the Planning Commission and a zone variance approved by the Planning Commission. Council Minutes, May 4, 1982 - Page 3 The Planning Commission found the change of zone,from R-4 to C -2 to be consistent with nearby and adjacent zoning, compatible in land use, and consistent with the Redevelopment Plan and the City's General Plan.The conditional use permit is to allow the development and use of the property as a movie theatre, the proposal being a fourplex movie theatre, the Planning Commission having found the three criteria have been met. Their resolution provides for 64 conditions which have been reviewed and accepted by the applicant. The zone variance is to allow a reduction in the standard size parking stalls from 9'x20' to 82'x18'. In addition Council will be considering a change in the zoning code to allow up to 25% of parking stalls for compact automobiles in lots of 100 or more spaces, and the matter follows this hearing. Councilman Atkins moved to make the Planning Commission minutes and documents a part of the record, seconded by Councilman Gillanders and carried. Mayor ProTem Dennis declared the public hearing open and invited anyone wishing to speak to come forward. Mr. Harold Davidson, attorney for Edwards Theatre Circuits, stated he was here along with the architect for the project and Messrs. Edwards, Sr. and Jr. to answer any question Council may have. In answer to Councilman Atkins question, the architect stated the sprinkler would be on an automatic timer. There being no one else come forward to speak, Councilman Gillanders moved to close the public hearing,' seconded by Councilman Atkins and carried. City Attorney Martin presented the Environmental Impact Report which was approved by the Planning Commission for Council action, there being no changes to include public input.' Councilman Gillanders moved to certify the Environmental Impact Report has been completed in conformance with the California Environmental Quality Act and the State guidelines and that the City Council has reviewed, considered and evaluated the information contained in the report; that the E.I.R. is adequate and provides reasonable information on the pro- ject; and that any adverse environmental impact contained in the report is overruled and counterbalanced by economic and social needs, objectives and concerns in providing private or public improvements of municipal import, seconded by Councilman Atkins and carried. City. Attorney Martin introduced Ordinance No. 82 -518 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY PROVIDING FOR A CHANGE OF ZONE FROM R -4 TO C -2 ON LOTS 3 -20 AND THE SOUTHERLY 15 FT OF LOT 2 OF TRACT 11213 (CASE NO. 82 -469) for first reading by title only. Councilman Gillanders moved to waive further reading, seconded by Councilman Swain and carried. Councilman Gillanders moved to concur with the Planning Commission and approve Conditional Use Permit in Case No. 82 -650 and Zone Variance in Case No. 82 -651, subject to final approval of the Edwards Theatre development by the °Community Redevelopment Agency on May 18, 1982. Upon question by City Attorney Martin, Mr. Davidson affirmed that Mr. Edwards understood that no rights were acquired by these tentative actions. B. PUBLIC HEARING: 7:30 p.m. PROPOSED ORDINANCE AMENDING THE TEMPLE CITY ZONING CODE RELATING TO COMPACT PARKING STALLS City Manager Koski presented background information stating the Planning Commission, in association with their action on the Edwards Theatre project, requested City Council consider an amendment to the zoning code to allow for compact size parking spaces, based on the high percentage of compact cars in Southern California. Council Minutes, May 4, 1982 - Page 4 Staff conducted a survey relative to- compact automobiles and have found approximately 55% of the cars in Southern California are compact and that the accepted compact stall size is 72'x15' for short -term parking and 7'x15' for long -term parking. Staff would recommend provisions for compact stalls be limited to parking lots in excess of 100 spaces. Councilman Gillanders agreed with staff report but felt the new ordinance should not be limited to those parking lots with an excess of 100 parking spaces. Mayor ProTem Dennis declared the public hearing open and invited anyone wishing to speak to come forward. There being no one come forward to speak, Councilman Atkins moved to close public hearing, seconded by Councilman Swain and carried. Councilman Gillanders moved to certify the Negative Declaration of Environmental Impact, seconded by Councilman Dennis and carried. City Attorney Martin introduced Ordinance No. 82 -219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 9296(1) OF THE TEMPLE CITY ZONING CODE for first reading by title only. Councilman Swain moved to waive further reading, seconded by Councilman Gillanders and carried. 7. NEW BUSINESS: None. 8. COMMUNICATIONS: A. Temple City Lions Club re: Fireworks Stands City Manager Koski presented a communication from the Temple City Lions Club protesting a fireworks booth being located less than 100 feet from theirs. Mr. Lawrence Bigelow, President, Temple City Lions Club, spoke to the issue, stating the Lions Club has had their booth at 6515 Rose- mead Boulevard for the past two years and another booth has been approved at 6539 Rosemead Boulevard which is less than 100 feet away. They feel it would not be profitable for either group. Councilman Gillanders stated the City controls by permit from the standpoint of zoning and structural safety, as well as fire safety, and he does not feel the City should take on the responsibility of assigning locations. Councilman Atkins agreed with Councilman Gillanders that it is beyond the City's purvue to assign locations, even though he is sympathetic to the problem. Councilman Dennis stated the City exercises control in limiting permits to local organizations; that to regulate location or dis- tance would be too cumbersome upon the City; and in his opinion, the organizations can negotiate the problem between themselves. Councilman Swain stated she believes the two groups are selling the same brand of fireworks and they should be able to find a solution. Mayor Tyrell stated the City should not get into controlling locations and the groups should be able to work out the problem cooperatively without getting the City involved. Council received and filed the communication from Temple City Lions Club. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Edward Waaler, 5727 Alessandro Avenue, stated he was on the ad hoc Committee for the improvement of Live Oak Park as a representative Council Minutes, May 4, 1982 - Page 5 for the senior citizens, a number ofwhom are here this evening thinking Council was going to discuss this matter. Mayor Tyrell advised Mr. Waaler the item was held over to a study session with the Parks and Recreation Commission to be held May 17, 1982. RECESS TO CRA: At this time Council recessed to meet as the Community Redevelopment Agency, all members being present; approved the minutes of the regular meeting held April 20, 1982; approved rental payment on behalf of the City for the parking lot lease agreement; received and accepted report prepared pursuant to California Health and Safety Code 33838 and transmitted same to City Council by resolution; approved modification of Conditional Use Permit No. 75 -460, an expansion of an existing car wash facility in the Redevelop- ment Area; 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. Resolution No. 82 -2071: Levying Special Assessments for Certain Benefited Properties within the Rosemead Boulevard Redevelopment Project Area City Manager Koski presented the Report from the Community Redevelop- ment Agency preparedpursuant to California Health and Safety Code 33838, stating notices relating to levies for special assessments for properties located in the redevelopment project area have been sent to all affected properties. Councilman Atkins moved to adopt Resolution No. 82 -2071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY LEVYING SPECIAL ASSESSMENTS FOR CERTAIN BENEFITED PROPERTIES WITHIN THE ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT AREA, seconded by Councilman Swain and carried. 11. MATTERS FROM CITY OFFICIALS: A. Appointment to Traffic Commission Mayor Tyrell directed Council's attention to the personal history forms completed by several applicants and he would like to appoint John L. Kelly to the Traffic Commission to fill the vacancy left by the resignation of William Swain. Councilman Gillanders moved to affirm the appointment, seconded by Councilman Atkins and carried. B. Neighborhood Watch Program City Manager Koski presented request to purchase neighborhood watch signs and decals pursuant to memo dated April 30, 1982 and forwarded to Council in their Friday packet. Councilman Gillanders moved to authorize the purchase of 20 18x18 street signs at a cost of $10 each, and 400 window decals at a total cost of $100, appropriate additional funds and amend the adopted budget accordingly, seconded by Councilman Atkins and carried. C. City Manager Koski reported that Director of Parks and Recreation Victor Kobett has received word that the City's appli- cation for transportation services through Mid - Valley has been approved and the program will be implemented approximately July 1. D. Councilman Swain stated the Neighborhood Involvement Program needs more publicity. E. Councilman Dennis stated that pursuant to the report from the Camellia Festival Committee, the festival was an enormously financial success this year. Councilman Dennis stated he would like to review the services provided by the League of California Cities with Council before the budget sessions begin. Council. Minutes, May 4, 1982 - Page 6 F. Mayor Tyrell stated that he had attended a NIP program this evening prior to coming to the Council meeting. Not only do the residents receive a lot of information from this program but they're meeting their neighbors and taking the idea back to friends in other areas of the City. RECESS: At 8:35 p.m. Council recessed to an Executive Session. Meeting reconvened at 8:45 p.m. CONSENT CALENDAR ITEM #F - RESOLUTION NO. 82 -2067: INDEMNIFYING CITY OFFICIALS City Attorney Martin stated he had prepared a resolution indemnifying city officials and presented Resolution No. 82 -2067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY OFFERING A DEFENSE AND INDEMNIFYING CITY OFFICERS AGAINST CERTAIN TORT AND CIVIL RIGHTS LIABILITIES, CLAIMS AND LITIGATION as drafted with the following addition at the end of the last paragraph under Section 1: "except as otherwise ordered ". Councilman Atkins moved to adopt, seconded by Councilman Swain and carried. 12. ADJOURNMENT: On motion by Councilman Swain, seconded by Councilman Atkins, meeting adjourned at 8:47 p.m. to an Adjourned Meeting to be held Monday, May 17, 7:30 p.m. Next regular meeting of the City Council will be held Tuesday, May 18, 1982, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: f Deputy City Clerk 1