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HomeMy Public PortalAboutCity Council_Minutes_1984-01-17_Regular 1984CITY OF TEMPLE CITY CITY COUNCIL MINUTES JANUARY 17, 1984, INITIATION: 1. CALL TO ORDER: Mayor Pro Tem Swain called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, January 17, 1984, in the Council Cham- ber of the City Hall. 2. The invocation was given by Reverend Norlyn Brough, Church of the Nazarene, 9953 Las Tunas Drive. 3. The Pledge of Allegiance to the Flag was led by Mayor Pro Tem Swain. 4. ROLL CALL: Present: Councilmen- Atkins, Dennis, Tyrell, Swain Absent: Mayor Gillanders Also Present: City Manager Koski, City Attorney Martin, Planning Director Shaw, Parks and Recreation Director Kobett, Traffic Engineer Envall, and Julie Estrada, Temple City Times. Councilman Tyrell moved to excuse Mayor Gillanders for cause, seconded by Councilman Atkins, and unanimously carried. 5. CONSENT CALENDAR: Councilman Tyrell requested Item C -2 be removed from the Consent Calendar. On motion by Councilman Tyrell, seconded by Councilman Atkins, all other items on the Consent Calendar were unanimously approved as recommended. A. APPROVAL OF MINUTES - Regular Meeting of January 3, 1984. Approved as written. B. RECOMMENDATION FROM TRAFFIC COMMISSION MEETING OF 1/4/84 ON STREET PARKING REGULATIONS - ROWLAND AVE., SOUTH OF LAS TUNAS Approved recommendation for the implementation of "ONE HOUR PARK- ING, 9 a.m. to 6 p.m., SUNDAYS EXCEPTED" regulations on the east side of Rowland Avenue from 36 feet to 125 feet south of the south curb line of Las Tunas Drive, with appropriate arrows. C. RECOMMENDATION FROM PARKING COMMISSION MEETING OF JAN. 11, 1984 (1) RENEWAL OF AGREEMENT TO CROSS OVER PEDESTRIAN MALL - PUBLIC PARKING LOT NO. 5, PARKING DISTRICT 3 (A.W. Driver) Approved renewal of agreement to March 8, 1985, subject to all conditions as set forth in staff memo dated January 12, 1984. D. PLANNING COMMISSION ACTION - MEETING OF JANUARY 10, 1984 Received and filed memo relating to action taken by the Planning Commission at their regular meeting. E. SELECTION OF ENGINEERING CONSULTANT FOR CDBG - JOBS BILL CURB AND GUTTER PROJECT Approved the firm of Kenneth I. Mullen of Arcadia as consult- ing engineers at a cost of $9,500. F. REFUND OF DEPOSIT - MONUMENTATION FOR TRACT NO. 37580 (Arden and La Rosa Drive) Approved the monument work completed and authorized refund of cash deposit of $3400 to George W. Wiegand. Council Minutes, January 17, 1984 - Page 2 G. PROGRESS PAYMENT NO. 3 - STREET NAME SIGN INSTALLATION (Traffic Operations, Inc.) Authorized Progress Payment No. 3 in the sum of $376.65 to Traffic Operations for work completed under the contract. H. PROGRESS PAYMENT NO. 6 - REPAINTING OF PAVEMENT MARKINGS, STRIPING SCHOOLS, SELECT SYSTEM STREETS, MAINTENANCE AREAS 4, 5, 6. Approved progress payment in the sum of $1,876.45 to Safety Striping Service for work completed under the contract. I. SET PUBLIC HEARING - PROPOSED AMENDMENT TO THE ZONING CODE AMEND- ING THE DEFINITION OF FREE- STANDING SIGNS TO ALLOW ONLY PERMANENT MONUMENT AND POLE SIGNS Set public hearing for February 7, 1984, regarding the proposed amendment to the Zoning Code. J. RESOLUTION NO. 83 -2230 JOINT RESOLUTION WITH BOARD OF SUPERVISORS RE: WITHDRAWALS FROM LONGDEN LIGHTING DISTRICT Adopted Resolution No. 83 -2230 JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AND THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING AND ACCEPTING NEGOTIATED EX- CHANGE OF PROPERTY TAX REVENUES RESULTING FROM THE WITHDRAWAL OF CERTAIN TERRITORY FROM LONGDEN LIGHTING DISTRICT and authorized processing fee of $350 to the State Board of Equalization. K. RESOLUTION NO. 83 -2228 - EMPLOYMENT OF PERSONNEL Adopted Resolution No. 83 -2228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. L. RESOLUTION NO. 83 -2229 - WARRANTS AND DEMANDS Adopted Resolution No. 83 -2229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $154,348.57 DEMAND NOS. 7015 THRU 7085. CONSENT CALENDAR ITEM B(2) - PARK AND RIDE LOTS WITHIN THE DOWNTOWN BUSINESS DISTRICT Councilman Tyrell requested the discussion on the Park and Ride Lots be held over to the next regular meeting of February 7, 1984, when full Council is present. Councilmembers concurred. 6. UNFINISHED BUSINESS: 1 A. PUBLIC HEARING: 7:30 P.M. - APPEAL OF PLANNING COMMISSION DECISION DENYING PORTIONS OF A MODIFICATION OF CONDITIONAL USE PERMIT 77 -511, 5450 ROSEMEAD BOULEVARD (U.S.A. Petroleum) City Manager Koski presented background information stating the Planning Commission, at their regular meeting held December 13, 1983, approved a modification of a conditional use permit allowing a change of use in the accessory building from photo service to a video rental business and denied requests for conversion of a cashier's booth to a plant store and a temporary sign. The Planning Commission contended the change was not consistent with standards for gasoline service stations; the site is not adequate in layout to make the change safe; it is an unacceptable conflict of incom- patible uses; Section 9392(A) of Zoning Code prohibits the placing of plants - outside of the booth; and the proposed sign did not con- form with the sign ordinance. Councilman Tyrell moved to include the Planning Commission minutes as- a part of the record, seconded by Councilman Dennis and unanimously carried. Mayor Pro Tem Swain declared the public hearing open and invited any- one wishing to speak to come forward. Council Minutes, January 17, 1984 - ;;Page 3 Joe Ornelas, 9306 Blackley:astated he would like to open up a plant shop where the cashier's booth is now located; this location has excellent exposure; all plants would be stored inside at night; and during the day the sun plants would be placed outside of the building. Kenn Sorgatz, representing the applicant U.S.A. Petroleum Co., stated he believed that the findings for denial as presented by the Planning staff were erroneous and not entirely within their expertise and fur- ther that they are being denied their rights to use the property. In reviewing the five findings for denial by the Planning Commission, Mr. Sorgatz responded to these findings as follows: 1) There is no such thing as a standard service station anymore as the entire industry is seeking new compatible uses for their vacant stations to restore their income to a profitable level. 2) Mr. Ornelas has stated the building is adequate for his needs. 3) The finding of incompatible uses is not founded on fact and they contend the two uses are com- patible and acceptable to their customers. 4) To have an adverse . effect one would have to be doing something that either damages their property, denies them the use of the property or in some way deval- uates their property and there is no evidence to support this con- tention. Safety is always an area of legitimate concern and it is the responsibility of both driver and pedestrian to be sure the pedes- trian is protected and they have offered to take precautions by post- ing appropriate signs. 5) Presently, 27% of the allowed sign area under the ordinance is being utilized and are requesting this be in- creased to 32% with the feature of changeability so that sales items could be announced eachlweek. Mr. Sorgatz concluded that the busi- ness man must have the right to determine if his facility is adequate and he must decide on the layout and function as it is his fortune at risk and asked Council to grant the CUP. Councilman Tyrell inquired of staff if there is something within the confines of the ordinance regarding standards and the requirements for plants to be placed inside of shops rather than outside. City Manager Koski stated the City has adopted standards which provide that service stations should be limited to the sale of automotive pro- ducts. This opens up the question as to whether service stations would have the right to sell a variety of nonautomotive products. Planning Director Shaw stated that in the commercial zone C -1, C -2, and C -3 it requires that all goods be kept indoors unless the Planning Commission or City Council make a determination that is appropriate for that type of use to have the product stored outdoors. This was the main concern of the Planning Commission when making their findings, that if this particular plant store were allowed to have their plants outdoors, all other plant shops and flower shops in the City would also have the right to conduct outdoor sales. One of the standards as established for service stations as adopted by the Planning Commi- sion and City was that service stations would be utilized only for gas and automotive products rather than a variety of uses. There being no one else that came forward to speak Councilman Atkins moved to close public hearing, seconded by Councilman Dennis and unanimously carried. Councilman Atkins stated they have already been given every oppor- tunity to make use of their facility by approval of a separate type of store when building the mini -mart and 'to change the use of the photo shop, To convert the cashier's booth into a.little retail store with outside merchandise is not consistent with the standards of the business community, and he is opposed to allowing that change as well as allowing a nonconforming sign. Councilman Dennis stated he was not opposed to the display of plants within the confines of the property itself; any place could add a new line of merchandise to their products and still have compatibility. However, he was concerned about the possible traffic backing up at the service station into the street without a manager or supervisor outside of the mini -mart since the customers pay for gas inside the store and this could create a traffic hazard. He would be in favor of granting a temporary CUP which would be reviewed after a specified period of time to determine if traffic hazards did exist. Council Minutes, January 17, 1984 - Page 4 Responding to inquiry of Councilman Tyrell, City Attorney Martin stated there is a theory that if a City grants a CUP, the City may be held liable for any of the damages that flow from the granting of the CUP, but did not know if the theory,has been carried very far. However, a bigger problem would be one of setting a precedent. Councilman Tyrell felt there were several factors involved and did have difficulty with some of the findings of the Planning Commis- sion as they were more philosophical in nature and that we may have to determine as a full Council as to whether or not we wish to re- strict the use of service station property to that which is custom- arily used by or related to the service station business. Regarding the traffic flow inside the business, business aspects will control a good portion of the problem, and if they make a poor business decision, they will destroy their own revenue. If the appeal is granted, it should be for no more than 90 days and at that time if Council finds that it is detrimental to the traffic pattern in the . area or that it is hazardous to the point that the City may be liable, then Council should be able to terminate the CUP as of that moment. Councilwoman Swain stated her major concern was the traffic problem which was also the biggest part of the discussion when the total re- modeling originally came before the Council and additional restric- tions had to be implemented. The Temple City Zoning Code Section 9392 does state all uses in C -3 shall be conducted wholly within an enclosed building, unless it is a customarily used method of operating a business, and did not feel that this plant shop qualified as a nursery. Further, it would lend itself to numerous requests from other florists asking for the same privilege, and agreed with Council- man Atkins - regarding the sign stating Council has been working hard on upgrading the sign ordinances and getting rid of problem signs. It was the decision of the Councilmembers to continue this matter to the regular meeting of February 7, 1984, for the purposes of a decisive vote and also affording the staff an opportunity to consider if any conditions would be necessarily attached to the CUP in the event it was granted. B. CONTINUED PUBLIC HEARING: 7:30 P.M. PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN WITHIN AN AREA LOCATED NORTHERLY OF LOWER AZUSA ROAD BETWEEN TEMPLE CITY BOULEVARD AND EL MONTE AVENUE WITH AN APPROXIMATE DEPTH OF 300 FT. FROM LOWER AZUSA ROAD City Manager Koski presented background information stating the Planning Commission on November 8, 1983, approved the proposed amendment to the General Plan, and on January 10, 1984, approved modifications to the initial recommendations by changing the density designations at 4823 N. Camellia to medium density residential; the properties at 4831, 4825, 4832 and 4824 N. Willmonte Avenue and 15 properties north of the lots abutting Lower Azusa Road from the east side of Hallowell Avenue to the east side of Doreen Avenue to low density residential.. Council continued public hearing to this even- ing regarding the change in these density designations. Councilman Tyrell moved to include the Planning Commission minutes as a part of the record, seconded by Councilman Atkins and unanimously carried. Mayor Pro Tem Swain declared the public hearing open and invited any- one wishing to speak to come forward. There being no one that came forward to speak, Councilman Dennis moved to close public hearing, seconded by Councilman Tyrell and unanimously carried. Councilman Tyrell moved to adopt Resolution No. 83 -2231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE GENERAL PLAN (G.P. 84 -1), seconded by Councilman Atkins and unanimously carried. Council Minutes, January 17, 1984 ,;-'.Page 5 C. PUBLIC HEARING: 7:30 'P.M. - ORDINANCE NO. 83 -545 - 2nd reading ADOPTING OF CURRENT COUNTY TRAFFIC CODE TITLE 15 - VEHICLES AND TRAFFIC City Manager Koski presented background information stating this was the second reading of the Ordinance which incorporates the County Traffic Code, Title 15, into the Temple City Municipal Code. Mayor Pro Tem Swain declared the public hearing open and invited any- one wishing to speak to come forward. There being no one that came forward to speak, Councilman Tyrell moved to close public hearing, seconded by Councilman Dennis and unanimously carried. Councilman Tyrell moved to adopt Ordinance No. 83 -545 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 3300 OF THE TEMPLE CITY MUNICIPAL CODE THEREBY ADOPTING THE COUNTY TRAFFIC CODE, seconded by Councilman Atkins and unanimously carried. 8. COMMUNICATIONS: A. Annexation 83 -2 5444 Santa Anita Avenue City Manager Koski referred to the communication from Barbara Stunden, project coordinator for the developers of the property, requesting Council to reconsider their property tax transfer stance. Councilman Tyrell state&since the project had been initated prior to City Council action, the harm inflicted on the applicant is greater than the philosophy involved and, in this particular project only, would approve the resolution without the property tax transfer issue. Councilman Tyrell moved to revise Resolution No. 83 -2220 by deleting that portion which pertains to the City collecting a portion of the property taxes subject to future litigation or legislation and sub- mit to LAFCO for transmittal to the Board of Supervisors, seconded by Councilman Atkins and carried. Councilman Dennis abstained. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward to speak. RECESS TO CRA: At this time, Council recessed to meet as the Community Redevelopment Agency, approved the minutes of the regular meeting of January 3, 1984, 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: Councilman Atkin's reported briefly that he and Traffic Commissioner Reed observed the traffic on Sunday afternoon at Edwards Theatre when all four features were changing, and felt that although Council has taken a step in the right direction apparently many deficiencies still exist. Traffic Engineer Envall stated that some of the signs were not properly placed but would be corrected this week. Councilman Dennis made inquiry regarding the applicants to fill the City Attorney vacancy, and Council concurred that a personnel session would be in order to review the applications. City Manager Koski presented for review a mosaic rendering represent- ing Temple City Camellia Festival which is to be placed on the new Home Savings and Loan Building. City Council concurred the art work was a favorable concept. Council Minutes, January 17, 1984 - Page 6 Mayor Pro Tem Swain stated she had the pleasure to attend the Eagle Stout award presentation for Joseph Hess; it was very im- pressive, and they are to be highly commended for their wholesome endeavors. Reporting on the Camellia Festival, judges from out- side of the City have chosen the Camellia Festival Court. Also a petition to save the Girl Scout Hut was in the foyer, if anyone wished to sign. 12. ADJOURNMENT: On motion by Councilman Atkins, seconded by Councilman Dennis, the meeting adjourned at 8:45 p.m. Next regular meeting of the City Council will be held on February 7, 1984, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Agri -Kat