HomeMy Public PortalAboutCity Council_Minutes_1982-08-03_Regular 19821
CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
AUGUST 3, 1982
INITIATION:
1. CALL TO ORDER:
Mayor Tyrell called the regular meeting Of the City Council to order
at 7:30 p.m. on Tuesday, August 3, 1982, in the Council Chamber of
the City Hall.
2. The invocation was given by Reverend Henry Mattson, Seventh Day
Adventist Church, 9664 E. Broadway.
3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell.
4. ROLL CALL:
Present: Councilmen- Atkins, Dennis, Gillanders, Tyrell
Absent: Councilmen - Swain
Also Present: City Manager Koski, City Attorney Martin, Assistant
City Manager Kimbrough, Planning Director Shaw, Parks
and Recreation. Director Kobett, Roy Buchan, Regional
Engineer, Building and Safety, and Chief McCann, Fire
Department
Councilman Atkins moved to excuse Councilman Swain for cause, seconded
by Councilman Gillanders and carried.
5. CONSENT CALENDAR:
Councilman Dennis moved to approve Items A through H on the Consent
Calendar as recommended, seconded by Councilman Atkins and carried.
A. APPROVAL OF MINUTES: Regular Meeting 'of July 20, 1982
Approved as written.
B. ORDINANCE NO. 82 -522: 2nd read. RELATING TO PUBLICIZED COMMERCIAL
RESIDENTIAL PARTIES
Adopted Ordinance No. 82 -522 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMPLE CITY ADDING A NEW SECTION 4133 TO THE TEMPLE CITY CODE
RELATING TO PUBLICIZED COMMERCIAL RESIDENTIAL PARTIES by title only.
C. PLANNING COMMISSION RECOMMENDATIONS - Meeting of ,July 27, 1982
(1) ZONE CHANGE 82 -660 - WEST SIDE OF SANTA ANITA AVENUE BETWEEN
FREER STREET AND GRAND AVENUE, TO CHANGE ZONING FROM R -1 TO R -2
Set public hearing August 17, 1982 to consider petition from 507
of property owners to change zone on Santa Anita Avenue, west side,
.from Freer Street to Grand Avenue.
(2) BANNING UNTREATED WOOD ROOFS
Continued to Study Session to be held Monday, September 20, 1982.
(3) PLANNING COMMISSION ACTION
Received memo relating to action taken by the Planning Commission
at their regular meeting held July 27, 1982.
D. PARKING CITATION MANAGEMENT CONTRACT
Approved amendment to contract with Optimal Data for processing
parking citations and authorized Mayor and City Clerk to sign.
Council Minutes, August 3, 1982 - Page 2
E. CALIFORNIA STREET LIGHTING ASSOCIATION - EXPENDITURE FOR
CITY'S MEMBERSHIP
Authorized expenditure in the amount of $500 for membership in the
California Street Lighting Association.
F. CITY HALL AND LIBRARY PARKING LOT REPAVING - JOINT CITY /COUNTY
PROJECT
Approved Agreement with County for the repaving of the City Hall and
Library parking lot, and authorized Mayor and City Clerk to sign.
G. ACCEPTANCE OF STREET .IMPROVEMENTS AND RELEASE OF SURETY BOND -
TRACT 37579 - HALIFAX AND KEY WEST (FAIRHAVEN DEVELOPMENT CO.)
Accepted the street improvements for Tract 37579 and released the
surety bond in the amount of $67,100.00.
H. RESOLUTION NO. 82 -2097: WARRANTS AND DEMANDS
Adopted Resolution No. 82 -2097 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$96,128.64, DEMAND NOS. 4347 THRU 4409.
6. UNFINISHED BUSINESS:
A. PUBLIC HEARING: PROPOSED AMENDMENT TO TEMPLE CITY ZONING CODE TO
ALLOW THE RETAIL SALES OF MOPEDS AND GO -CARTS AS A PERMITTED USE
IN THE C -2 ZONE
City Manager Koski presented background information, stating the
Planning Commission held a public hearing and recommended to the
City Council an amendment to the Zoning Code to permit retail sales
of mopeds and go -carts in the C -2 zone without a conditional use permit.
Presently, the code does not specifically list mopeds and go- carts as
a use perm itted in any of the zones. The use is similar to bicycles
and unmotorized cycles which are permitted in the C -1 zone and
motorcycles sales and service which are permitted in the C -2 and C -3
zones with a conditional use permit. City Council, at their regular
meeting held June 15, 1982, approved a clarification of ambiguity
determining that the retail sales of mopeds and go- carts was a per-
mitted use in the C -2 zone. Pursuant to the California Environmental
Quality Act of 1970, as amended, a Negative Declaration was filed.
A public hearing has been set on this matter for this evening.
Mayor Tyrell declared the public hearing open and invited anyone
wishing to speak to come forward. There being no one come forward to
speak, Councilman Dennis moved to close the public hearing, seconded
by Mayor Tyrell and carried.
Councilman Dennis moved to certify the Negative Declaration of Environ-
mental Impact, seconded by Mayor Tyrell and carried.
Councilman Atkins stated he feels go -carts and mopeds should be treated
the same as motorcycles and should be required to have a conditional
use permit.
There being no other comments, City Attorney Martin introduced Ordinance
No. 82 -523 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW SECTION
31A TO SECTION 9380 OF THE TEMPLE CITY ZONING CODE by title only.
Councilman Dennis moved to waive further reading, seconded by Council-
man Gillanders and carried.
B. PUBLIC HEARING: REQUEST FOR MODIFICATION OF CONDITIONS OF APPROVAL -
ZONE VARIANCE MODIFICATION CASE 79 -565 (4) WAREHOUSE FACILITIES
AT 9094 LAS TUNAS DRIVE - APPLICANT: B.B.BENDER
City Manager Koski presented background information, stating City
Council, at their regular meeting held October 6, 1981, approved a
request for a storage facility in. a C -2 zone subject to sixteen
conditions of approval. The applicant is requesting a modification
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Council Minutes, August 3, 1982 - Page 3
of three of the conditions. Applicant proposes to change lE to
a four -hour fire wall instead of a two -hour fire wall; 1G to interior
walls of stairs shaft to be one -hour rated construction and all other
walls to be metal studs and 5/8" gypsum instead of interior walls
being one -hour rated and doors a minimum of one -hour rated; and 1H
to provide portable fire extinguishers and omit sprinkler system.
Mayor Tyrell declared the public . hearing open, and requested repre-
sentatives of the building and fire departments to speak to the
issues.
Chief Harold McCann, L. A. County Fire Department, stated he reviewed
Mr. Bender's request and would recommend Council deny the requested
modifications to items 1G and 1H because they represent a significant
reduction in fire safe construction. One -hour construction is de-
signed to.allow people to get out of a. building and the fire contained.
Fire extinguishers would be required whether or not a building is
equipped with sprinklers, and all fire safety requirements in the
conditions of approval are life safety measures.
Roy Buchan, District Engineer, Building and Safety Division, stated
in his opinion one -hour fire rated walls for all interior walls is
necessary. The applicant's proposal to use 5/8" gypsum board on all
walls other than stair shaft is not entirely clear; .he would assume
metal studs will be used for doorways. • The Building Department when
making their inspection of new construction look for Underwriter's
label for doors.
Tomislav Gabric, 2101 S. Atlantic Blvd., Los Angeles, architect
for applicant, stated they are upgrading the north wall from a two -
hour fire rated wall to a four -hour fire rated wall to protect the
building from the residential neighbors and with that upgrading the
interior walls can be reduced from one -hour fire rated to metal
studs and 5/8" gypsum with the exception of the stair shaft.
In answer to question from Councilman Gillanders, Mr. Gabric stated
they will use solid core doors which are one -hour rated. Mr. Gabric
stated he would like to stress that in such construction one -hour
rated walls are not required by the building code.
Mr. B. B. Bender, 9094 Las Tunas Drive, stated when Council approved
the zone variance they knew it was out of permitted zone and some of
the conditions imposed were outside of code requirements. He stated
he is willing to make an increase in fire protection by increasing
the north wall from two -hour to four -hour fire rated; install an
alarm system; install two additional fire hydrants; and improve the
water company main system. All of these improvements are to support
his request for elimination of a sprinkler system.
There being no one else come forward to speak, Councilman Atkins moved
to close the public hearing, seconded by Councilman Dennis and carried.
Councilman Atkins stated that the applicant came in for a modifi-
cation of his original application in October 1981 and at that time
he felt Council was making too many concessions and he voted against
the modification. Now the applicant is asking for a major concession
to eliminate the fire sprinkler which he feels is mandatory in the
location. Councilman Atkins does not support any further weakening
of conditions under which the building might be constructed.
Councilman Gillanders stated he compromised in the requirements for
this building last October and he could possibly live with reduction
in the requirements for interior walls, he could not approve the
elimination of the sprinkler system. He would stand by the compro-
mise made in October, but go no further.
Councilman Dennis stated he originally voted against the proposed
project and took issue with Mr. Bender's letter which stated the
requirements for this project were personal opinions vs the building
code. Those requirements were added based on personal opinion after
Council had received expert testimony from the Fire Department and
the Building department and made in the interest of public safety.
Council Minutes, August 3, 1982 - Page 4
Councilman Dennis stated he sees no reason to delete any of the
requirements imposed on the approval of the building.
Mayor Tyrell stated that perhaps Council went too far in October
in modifying the conditions of variance and if he had the oppor-
tunity to do so he would vote against the project and seek some
other development of the property. The idea of eliminating the
sprinkler system in a building of this type, at this location, is
ridiculous and he would deny the request.
Councilman Atkins moved to adopt Resolution No. 82 -2098 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY MODIFYING RESOLUTION
NO. 81 -2022 AND DENYING OTHER REQUESTS which would amend Condition
lE to provide the north wall be changed from two -hour fire rated
construction to four -hour fire rated, and denying changes in
Conditions 1G and 1H, seconded by Councilman Dennis and carried.
7. NEW BUSINESS:
None.
8. COMMUNICATIONS:
None.
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
At this time, Sarah Flores, representative to Supervisor Schabarum, intro-
duced the Supervisor's son, Frank Schabarum who presented a plaque to former
Council Member Lou Merritt in honor of his twenty -two years of service on
the Council.
RECESS TO CRA:
Council recess to meet as the Community Redevelopment Agency, Mrs. Swain
being absent; approved the minutes of the regular meeting held July 20 and
adjourned to their next regular meeting to be held August 17, 1982. 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. Las Tunas Street Light Conversion - Approve Plans and Specifi-
cations and Authorize City to seek bids
City Manager Koski presented plans and specifications and a calendar
of events to the conversion of street lights on Las Tunas Drive.
Councilman Gillanders moved to approve the plans and specifications
and authorize staff to advertise for bids, seconded by Councilman
Atkins and carried.
B. Proposition A Funds
City Manager Koski stated the Los Angeles County Transportation
Commission is administering the Proposition A Local Transportation
Funding Program and requires the City execute an Assurances and
Understandings regarding the receipt and use of Proposition A funds
by September 1 to ensure funds are received as soon as they are
available. Councilman Gillanders moved to authorize the City Clerk
to sign the Assurances, seconded by Councilman Atkins and carried.
C. Mayor Tyrell directed Council's attention to correspondence
from the Committee on Aging in Los Angeles County regarding the
John Anson Ford Award. The deadline to submit nominees is
September 6 and if any Councilmember has a candidate to suggest
please contact the City Manager.
Council Minutes, August 3, 1982 - Page 5
Mayor Tyrell also stated he had a request from Lupus Foundation
and the West San Gabriel Valley Mayor's Committee for Employment
of the Handicapped regarding proclamations and he would honor
their requests.
Mayor Tyrell also stated SB 33 goes into Ways and Means Committee
for hearing August 11 and he would write letters to all the members
of the committee.
12. ADJOURNMENT:
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On motion by Councilman Dennis, seconded by Councilman Gillanders,
meeting adjourned at 8:24 p.m. Next regular meeting of the City
Council will be heard Tuesday, August 17, 1982, 7:30 p.m. in the
Council Chamber of the City Hall.
MAYOR
ATTEST:
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Chief Deputy City Clerk