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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 1 1 1 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: 1 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: i?ajNrkzet_ Chief Deputy City Clerk