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HomeMy Public PortalAboutCity Council_Minutes_1983-02-01_Regular 1983CITY OF TEMPLE CITY CITY COUNCIL MINUTES FEBRUARY 1, 1983 INITIATION: CALL TO ORDER: Mayor Tyrell called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, February 1, 1983, in the Council Chamber of the City Hall, 2 The invocation was given by Reverend Henry Mattson, Seventh-Day Adventist Church, 9664 East Broadway. 3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell. 4. ROLL CALL: 1 1 Present: Councilmen- Atkins, Dennis, Gillanders, Swain, Tyrell Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Kimbrough, Planning Director Shaw, Parks and Recreation Director Kobett, and Julie Estrada, Temple City Times. Mayor Tyrell expressed his condolences to Ruth O'Bannon on the death of her husband, Boyce O'Bannon. He had been a great supporter of the Council and the City and will be missed by many for his community efforts. CONSENT CALENDAR Councilman Swain requested that Item 5(G) be removed from the Consent Calendar. On motion by Councilman Atkins and seconded by Councilman Gillanders all other items on the Consent Calendar were approved as recommended. A. APPROVAL OF MINUTES - Regular Meeting of January 18, 1983. Approved as corrected. B. RECOMMENDATIONS FROM PARKS AND RECREATION COMMISSION - Meeting of January 19, 1983. (1) REQUEST FOR USE OF LIVE OAK PARK - TEMPLE CITY AMERICAN LITTLE LEAGUE - April 30, 1983. Approved request from Temple City American Little League for use of Live Oak Park April 30, 1983, to conduct a. fund raising Carnival subject to all games of chance being approved by the Sheriff's Department; and that the required Certificate of Insurance naming the City additionally insured be provided. (2) REQUEST FOR USE OF LIVE OAK PARK - TEMPLE CITY AMERICAN LITTLE LEAGUE - June 11, 1983. Approved request from Temple City American Little League for use of Live Oak Park June 10 and 11, 1983, to conduct a fund raising Pancake Breakfast subject to the established City regulations and the required Certificate of Insurance naming the City additionally insured. (3) REQUEST FOR USE OF LIVE OAK PARK - TEMPLE CITY AMERICAN YOUTH SOCCER. Approved request from Temple City American Youth Soccer for use of Live Oak Park February 12, 1983, to conduct a social dance for soccer participants subject to the required Certificate of Insurance. Council Minutes - February 1, 1983 - Page 2 C. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of January 25, 1983 (1) APPROVAL OF FLOOD CONTROL CATCH BASIN - RELEASE OF FAITHFUL PERFORMANCE BOND: After finding work has been completed as required by Resolution No. 77 -755 PC, approved the release of the Faithful Performance Bond (L05- 049311) in the sum of $7,500.00. (2) PLANNING COMMISSION ACTION: Meeting of January 25, 1983. Received and filed memo relating to action by the Planning Couuiiissic at their regular meeting held January 25, 1983. D. APPROVAL OF VENDORS ALONG PARADE ROUTE - 39TH ANNUAL CAMELLIA FESTI`“ Approved four vendors recommended by the 39th Annual Camellia Festival for February 26, 1983, subject to required Certificate of Insurance on file in the City Clerk's office. E. ACCEPTANCE OF BID - BUS BENCHES: Accepted low bid of $7,564 from Moore Recreation & Park Equipment, Inc. for installation of 62 bus benches.. F. ACCEPTANCE OF WORK: STREET LIGHTINC CONVERSION, PHASE I - LAS TUNAS DRIVE - Four Simon. Accepted the work performed pursuant to contract, authorized payment in the sum of $2,740; authorized filing Notice of Completion and authorized the payment of the 10% retention at the end of the 35 -day lien period in the sum of $4,687. H. APPROVAL OF ZONE VARIANCE CASE 82 -669, AND PARCEL MAP 15431 LOCATED AT 8760 BURGHARDT AND 6011 MUSCATEL AVENUE. Adopted Resolution No. 83 -2130 A RESOLUTION OF THE CITY COUNCIL OF Z CITY OF TEMPLE CITY APPROVING A VARIANCE AND REVERSING RESOLUTION N 82- 1040PC OF THE PLANNING COMMISSION and adopted Resolution No. 83- 2131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROV- ING PARCEL MAP NO. 15431 I. RESOLUTION NO. 83 -2133: WARRANTS AND DEMANDS Adopted Resolution No. 83 -2133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM of $207,043.07,DEMAND NOS. 5177 THRU 5254. CONSENT CALENDAR ITEM G. RENEWAL OF AGREEMENT - PERMIT TO CROSS OVER PEDESTRIAN MALL PUBLIC PARKING LOT 1A, PARKING DISTRICT 1 - Zager Smith Carpet Co. Councilman Swain stated she would like Mr. Zager to be invited to appear before the City Council meeting before consideration of the permit renewal. The Council would like to hear specifically from him as to what his in- tentions are regarding the ramp. Councilman Dennis moved that staff contact Mr. Zager and request his appearance before the City Council meeting on either February 15th or March 1st, seconded by Councilman Swain and carried. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: 7 :30 p.m. PROPOSED AMENDMENT TO THE TEMPLE CITY ZONING CODE TO MODIFY, DELETE AND CHANGE THE PERMITTED USES WITHIN THE C -1 ZONE AND TO MODIFY THE RESTRICTIONS ON USES IN THE C -1 ZONE UNDER SECTION 9371, AND TO ESTABLISH A NEW C -1 -R (LIMITED COMMERCIAL - RESTRICTIVE) ZONE AND ESTABLISH BOUNDARIES FOR THE NEW C -1 -R ZONE City Manager Koski presented background information stating the Planning Commission, after many study sessions in the past year, recommends that the City Council approve an amendment to the Temple City Zoning Code amend- ing the C -1 Zone and develop a new C -1 -R (Limited Commercial- Restrictive) 1 Council Minutes, February 1, 1983 - Page 3 Zone which would restrict the C -1 zone by deleting Auto Supply Stores, other financial institutions, food markets, health food stores, instant printing, interior decorating, pet shops, signs, redemption centers and catalog stores, and upholstery fabrics and supplies, and those uses listed under Section 9371.1B. It would limit the C -1 -R Zone to 25 uses and it would be confined to one block east and west of Temple City Boulevard along Las Tunas Drive. Amendments to Section 9371.1 C and D have also been recommended requiring City Council approval to allow: (1) the making or servicing of products if incidental to permitted retail sale of new products; (2) the sales of other than new products (incidental to a new product); or (3) services, lessons, or demonstrations which are incidental to a permitted use. A Negative Declaration of Environment Impact was pre- pared pursuant to the California Environmental Quality Act of 1970. The Commission felt the proposed new zoning would permit optimum development and enhance the economic and environmental qualities of the downtown area. Mayor Tyrell declared the public hearing open and invited anyone wishing to speak to come forward. There being no one to come forward, Councilman Atkins moved to close public hearing, seconded by Councilman Gillanders and carried. Councilman Atkins moved to certify that the Environmental ImpactAssessment has been completed in conformance with the California Environmental Quality Act as amended and the State guidelines and that the City Council has reviewed, considered, and evaluated the information contained in the report, seconded by Councilman Gillanders and carried. Councilman Gillanders stated he disagreed with the Planning Commission's concept regarding the breakdown of the zone changes in that there was not sufficient distinction between C -1 and C -1 -R to be able to evaluate its effectiveness. That it would be more logical if the C -1 zone would remain the same and create only one new restrictive zone in the C -1 -R. Councilman Atkins concurred with the Planning Commission in that their theory was to create a zone for foot traffic in retail sales. Councilman Swain agreed with the Planning Commission and stated they should be commended for the many months of study and time which they devoted to put this zone together. Mayor Tyrell thought Councilman Gillanders comment had merit, but that the items to be deleted are not that significant in the overall con- sideration, and once a business gets "grandfathered" in, it is more difficult to initiate action to have them removed. He also felt Item No. 38 should be amended to read "Spas - Retail Sales Only ", Councilman Dennis agreed with the other council members and did not feel the new zoning produced any drastic changes. Councilman Atkins moved approval of the C -1 and C -1 -R concept with a revision in Item No. 38 to read "Spas - Retail Sales Only" seconded by Councilman Swain and carried on a Roll Call vote. ROLL CALL: AYES: Councilmen- Atkins, Dennis, Swain, Tyrell NOES: Councilman- Gillanders Councilman Atkins moved to introduce Ordinance No. 83 -533 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING AN AMENDMENT TO THE ZONING CODE RELATING TO PERMITTED USES IN THE C -1 ZONE AND CREAT- ING A NEW LIMITED RESTRICTIVE C -1 -R ZONE by title only, seconded by Councilman Swain and carried. B. PUBLIC HEARING: 7:30 p.m. APPEAL OF PLANNING COMMISSION ACTION DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE - PROPERTY NUISANCE CASE N0, 82 -85: 10305 Olive Street City Manager Koski presented background information stating the Planning Commission at their January 11, 1983, meeting adopted a Resolution de- termining the existence of a public nuisance and recommended abatement thereof on the subject property. The condition which prompted this action was the parking of a travel trailer in the side yard of the property which was visible from the street and which was found to be in violation of Section 4230(j) of the Municipal Code. Council Minutes, February 1, 1 -83 - Page 4 The property owners filed an appeal on January 17, 1983, and Council at their regular meeting of January 18, set public hearing for this evening, Mayor Tyrell directed Council's attention to a petition to the City Council signed by 19 of the neighbors stating they did not feel that the trailer constitutes a diminution of their property values and in- quired of the Planning Department what basis was used in making their determination. Planning Director Shaw stated the Planning Commission during their public hearing determined that the testimony by Mr. Maier was adequate to determine that there was a diminution of property values irrespective of the remainder of the residents in the area. Mayor Tyrell declared the public hearing open and invited anyone wish- ing to speak to come forward. Mr. Robert Cheney, 10305 Olive Street stated he has been a resident of the City for 10 years and that in 1975 he was given permission to park the trailer in the side yard with shrubs around it, and although he owns an emply lot he is not allowed to part it there. Councilman Dennis moved to include the Planning Couanission minutes as part of the record, seconded by Councilman Atkins, and carried. Mayor Tyrell asked if there were any persons present who signed the petition that feel the trailer diminishes the value of their property, there being no one to come forward, Councilman Gillanders moved that the signed declaration of the neighbors stating that the trailer did not constitute a diminution of their property values be included as part of the record, seconded by Councilman Swain and carried. Mr. George Maier, 10308 Olive, stated that many of the people who signed the petition live further down the street and this violation is directly across the street from him and he feels the parking of the trailer does lower his property value. There being no other persons that came forward to speak, Councilman Swain moved to close public hearing, seconded by Councilman Dennis, and carried. Councilman Gillanders moved to adopt Resolution No. 83 -2137 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY TERMINATING A NUISANCE OF ABATEMENT PROCEEDINGS based on the determination that the alleged diminution of property values due to the parking of a trailer in the front driveway was not substantiated, seconded by Mayor Tyrell and carried on a roll call vote. ROLL CALL: AYES: Councilmen- Dennis, Gillanders, Swain, Tyrell NOES: Councilman- Atkins C. PUBLIC HEARING: 7:30 p.m. STREET LIGHTING IMPROVEMENTS: ROCCUS LANE - 8600 BLOCK City Manager Koski presented background information stating a petition for installation of two street lights was submitted with 92% of the front footage of the block in favor of the lighting. This total exceeds the 607 requirements under Chapter 27 proceedings. The upgrading will require annexation into Zone A of the Municipal Lighting District, and the property owners are aware of the difference in the zone rates. A Negative Declaration of Environmental Impact was prepared on January 5, 1983, in accordance with requirements of the California Environmental Quality Act. Property owners have been notified of tonight's public hearing pursuant to Chapter 27, the Improvement Act of 1911. Mayor Tyrell declared the public hearing open and invited anyone wishing to speak to come forward. There being no one that came forward to speak, Councilman Atkins moved to close public hearing, seconded by Councilman Gillanders and carried. Councilman Gillanders moved to certify that the Environmental Impact Re- port has been completed in conformance with the California Environmental Quality Act, as amended, and the State guidelines and that the City Council has reviewed, considered, and evaluated the information contained in the report, seconded by Mayor Tyrell, and carried. Council Minutes, February 1, 1983 - Page 5 • Councilman Gillanders moved to find the project is in the best interest of the public and to adopt Resolution No. 83 -2132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING THE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO SECTION 5870 ET SEQ. OF THE STREETS A AND HIGHWAYS CODE, seconded by Councilman Swain and carried. D. ANNEXATION NO. LD 83 -1: CITY -WIDE LIGHTING DISTRICT, SANTA ANITA AVENUE, LIVE OAK TO GRAND AVENUE City Manager Koski presented background information stating that City Council approved the installation of street lights on Santa Anita Avenue from Live Oak to Grand, and entered into an agreement with the County for design and construction using Federal Aid Urban Funds. In order for the City to assess the properties which will benefit from this street lighting, properties facing Santa Anita Avenue on the east side from Live Oak to Grand Avenue should be annexed to the City -Wide Light- ing District. The necessary action for Council at this time is to adopt resolutions which would initiate proceedings to include the annexation into the City -Wide Lighting District and request an Engineer's Report. Councilman Atkins moved to adopt Resolution NO. 83 -2134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY INITIATING PROCEEDINGS FOR ANNEXATION NO. LD 83 -1 TO THE CITY -WIDE LIGHTING DISTRICT, and adopt Resolution No. 83 -2135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE ENGINEER'S REPORT FOR ANNEXATION NO. LD 83 -1 TO THE CITY -WIDE LIGHTING DISTRICT and adopt Resolution No. 83 -2136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING ITS INTENTION TO ORDER THE ANNEXATION NO. LD 83 -1 TO THE CITY -WIDE LIGHTING DISTRICT, . PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND FIX- ING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO, and set public hearing for February 15, 1983, seconded by Councilman Swain and carried. E. REQUEST FOR USE OF LIVE OAK PARK - SAN GABRIEL VALLEY GUN CLUB City Manager Koski stated that Parks and Recreation Commission recom- mended to the City Council that the request from the San Gabriel Valley Gun Club for use of a room at Live Oak Park on March 26 and 27, 1983, to conduct a Marksmanship Coaching Class be approved subject to a valid Certificate of Insurance naming the City of Temple City additionally insured. The purpose is to train individuals to coach marksmanship competition with the ultimate goal to be rated and qualified to coach the U.S. Olympics Shooting Team. The applicant requested City Council reconsider the $400 usage fee since no funds are being raised; no one will benefit financially; and the class is specifically designed to attract much needed dedicated volunteers to qualify themselves to in- struct U.S. Olympic shooters. Councilman Gillanders moved to approve request from the San Gabriel Valley Gun Club for use of a room at Live Oak Park on March 26 and 27, 1983, to conduct a Marksmanship Coaching Class, subject to a valid Certificate of Insurance naming the City additionally insured, and waive the $400 usage fee, seconded by Councilman Atkins and carried. 7. NEW BUSINESS: None. 8. COMMUNICATIONS: A. WOMAN'S CLUB OF TEMPLE CITY - OFFER OF DONATION City Council received a check in the sum of $62 from the Woman's Club of Temple City for the purpose of purchasing a large camellia plant for the Library and a selection of veronica coeds for the City Hall. Councilman Atkins moved to accept the gracious gift from the Woman's Club of Temple City, seconded by Councilman Gillanders, and carried. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: There were 12 members of Boys Scout Troop 176 in the audience and Mayor Tyrell asked if a representative wished to come forward to speak. Sean Rigby and Ron Hughes stated they were from the Church of Latter Day Saints and were earning their communication merit badge. Council Minutes, February 1, 1983 - Page 6 John Dosh of D & D Asphalt inquired as to the status of their progress payment. Council asked for a staff report and Assistant City Manager Kimbrough stated they anticipate receiving an official report from the County Road Department within 10 days and a determination should be able to be made by the next Council meeting of February 15, 1983. 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 of January 18, 1983, 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. California Parks and Recreation Conference - Anaheim, March -4 -7, -1983. Councilman Gillanders moved to approve and authorize attendance of Commissioners Burlingame and Shaw and Parks and Recreation Director, Kobett, to attend the annual CPRS Conference in Anaheim March 4 through March 7, 1983, with necessary expenditures, seconded by Councilman Atkins and carried. B. Municipal Fire Insurance City Manager Koski stated that he and Councilman Gillanders attended special seminar on the Municipal Fire Insurance scheduled for Monday, January 31, 1983, and distributed materials for Council review and possible Study Session. Councilman Gillanders expressed concern that the City was assessed $1000 by the California Contract Cities Association for the Fire Insurance Study when in fact the meeting and materials were prepared by the Cooperative Homeowners Insurance Program. C. Councilman Swain requested that staff obtain a copy of an ordinance from the City of Los Angeles regarding solicitations by children to see if it would be an ordinance which would benefit our community. 12. ADJOURNMENT: On motion by Councilman Dennis, seconded by Mayor Tyrell, meeting adjourned at 8:35 p.m. Next regular meeting of the City Council will be heard Tuesday, February 15, 1983, 7 :30 p.m. in the Council Chamber of the City Hall. ATTEST: Chief Deputy City Clerk