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HomeMy Public PortalAboutCity Council_Minutes_1984-03-06_Regular 1984CITY OF TEMPLE CITY CITY COUNCIL MINUTES MARCH 6, 1984 INITIATION: 1. CALL TO ORDER: Mayor Gillanders called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, March 6, 1984, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Harvey Booher, First Southern Baptist Church, 4856 North. Golden West. 3. The Pledge of Allegiance to the Flag was led by Mayor Gillanders. 4. ROLL CALL: Present: Councilmen- Atkins, Dennis, Swain, Gillanders Absent: Councilmen - Tyrell Also Present: City Manager Koski, City Attorney Martin, Planning Director Shaw, Parks and Recreation Director Kobett and Julie Estrada, Temple City Times. Councilman Atkins moved to excuse Councilman Tyrell for cause, seconded by Councilman Dennis and unanimously carried. 5. CONSENT CALENDAR: Councilman Atkins moved to approve Items A through I on the Consent Calendar as recommended, seconded by Councilwoman Swain and unani- mously carried. A. APPROVAL OF MINUTES - Regular Meeting of February 21, 1984. Approved as written. B. PLANNING COMMISSION ACTION Approved and filed memo from Planning Commission relating to action taken at their regular meeting held February 28, 1984. C. APPROVAL OF AGREEMENT - EMERGENCY HELIPORT Approved agreement with the owners of the Ergent Care building to use their parking lot as an emergency helicopter landing pad and authorized the Mayor to sign the agreement. D. APPROVAL OF AGREEMENT - CLEMINSON SCHOOL AS EMERGENCY SHELTER Approved agreement with the El Monte School District and American Red Cross to use Cleminson School as emergency shelter and auth- orized the Mayor to sign the agreement. E. REQUEST FOR PARTIAL PAYMENT - LIVE OAK PARK IMPROVEMENTS (D. D. Bennett Construction Compnay) Authorized partial payment of $35,549.10 to D. D. Bennett Con - struction Company for work completed under the contract. F. RESOLUTION NO. 84- 2242 APPROVING AND ORDERING ANNEXATION 83 -2 TO THE CITY OF TEMPLE CITY, PURSUANT TO THE MUNICIPAL ORGANI- ZATION ACT OF 1977 (Santa Anita Avenue) Adopted Resolution No. 84 -2242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING AND ORDERING ANNEXATION 83 -2 TO THE CITY OF TEMPLE CITY, PURSUANT TO THE MUNICIPAL ORGANIZA- TION ACT OF 1977. Council Minutes, March 6, 1984 - Page 2 G. RESOLUTION NO. 84 -2243 ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 10TH DAY OF APRIL 1984, TO BE MADE BY THE CITY CLERK OF THE CITY OF TEMPLE CITY Adopted Resolution No. 84 -2243 A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 10TH DAY OF. APRIL 1984, TO BE MADE BY THE CITY CLERK OF TEMPLE CITY. H. RESOLUTION NO. 84 -2244 EMPLOYMENT OF PERSONNEL Adopted Resolution No. 84 -2244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. I. RESOLUTION NO. 84 -2245 WARRANTS AND DEMANDS Adopted Resolution No. 84 -2245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $77,400.79 DEMAND NOS. 7277 THRU 7329. 6. UNFINISHED BUSINESS: A. CONTINUED PUBLIC HEARING: 7:30 THE PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT AND ZONE SOUTHEAST CORNER OF TEMPLE CITY (Town & Country Industries, Inc. P.M. - APPEAL OF A DECISION BY REQUEST FOR A MODIFICATION OF VARIANCE FOR PROPERTY AT THE BOULEVARD AND LOWER AZUSA ROAD ) Public hearing was continued on this appeal so that Council would have an opportunity to obtain a fire safety report and additional informa- tion relative to the case history from staff. On motion by Council- man Atkins, all prior documentation presented at the February 21, 1984, City Council meeting and January 10, 1984, Planning Commission minutes are incorporated herein by reference as if set forth in full, seconded by Councilwoman Swain and unanimously carried. Mayor Gillanders declared the public hearing open and invited anyone wishing to speak to come forward. Rodney Baker, Attorney for Applicant, 281 E. Workman Street, City of West Covina, felt the applicant has received very little recog- nition for upgrading the community; improving safety; reducing . crime; reducing noise; improving lighting; protecting the citizens in the community; and reducing the congestion in the C -3 zone. He also stated opponents's complaints of noise and lights can be rectified by shading the lamps and converting the refrigeration units from gas to electricity; the applicant. wants to put to use an otherwise un- nseable piece of real estate and the parking of the trucks would be the most efficient utilization of that particular property. Mr. Baker further stated if Council denies applicant's appeal, the applicant in reliance on City staff, has taken the position that he has a right to proceed. Mr. Baker referred to a letter dated February 22 to So. California Edison requesting them to shade the lights that had been installed. Responding tip Councilman Atkins, Mr. Baker stated he had advised the applicant not to reduce the height of the fence until a decision was reached and the proper legal height had been determined. Don Mullen, 9628 Lower Azusa Road, stated he was inivted to hear the engines run on electricity and felt there was no doubt that it was quieter and would greatly reduce the noise problem, but not to the degree that it would allow an uninterrupted nights sleep. He would like to personally ask that 'Council ban all gas refrigeration systems from running from 10:00 p.m. to.7:00 a.m. any place . in the vicinity. Lisa Morelli, 9628 Lower Azusa Road, stated two of the lights had been shaded, but made no appreciable difference. Edie Monico, 9628 Lower Azusa Road, expressed her concern regarding the gas stored in the trucks and felt the padlocked gate would prevent the Fire Department from putting out a fire. Council Minutes, March 6, 1984 - Paie 3 There being no one else that came forward to speak, Councilman Atkins moved to close ublc : hearink'`'' `seconded by Councilman P g. Y Dennis and unanimously carried. Councilman Atkins stated he had visited the site on numerous occa- sions both day and night; was present when Deputy Reading took the sound level measurements; personally measured the height of the fence; and was very familiar with the operation since he was on the Planning Commission when the conditional Use Permit was originally granted in 1971 to develop a parking area to handle the overflow parking problem from customers and employees. He stated further that Deputy Reading has been trained and is qualified to testify in Court as to sound level measurements and he is confident of the readings that were taken, and agreed that the noise level was re- duced by use of electricity; however, the issue remains the applicant has five large trucks that he wants to store in a confined area sur- rounded by residential property and felt granting a variance would be injurious to the surrounding properties and can see no reason for the illegal fence and lights to be approved. Councilman Dennis stated that since the property involved is zoned R -4 and the storing of trucks is allowed only in a M -1 zone, he did not see any alternative but to deny the applicant's appeal on the basis that it is a violation of the Zoning Ordinance. Councilwoman Swain acknowledged that Attorney Baker did bring up valid comments and recognized that the property owner did upgrade the entire corner area ana4has done some very fine things, but many people in the community have done similar types of things to their buildings and this did not give them the right to go beyond what the zoning of the area allows. The issue is the fact of retaining walls and fences that have been constructed without permits in an illegal manner, and the Temple City Zoning Code specifically prohibits the parking of commercial vehicles on a R -zoned piece of property. Mayor Gillanders also made reference to the Zoning Code which pro- hibits the parking of trucks on any R -zoned property in excess of three tons for longer than 30 minutes unless actual loading or un- loading of said vehicle is in progress. He stated Council and Staff would be willing to discuss any allowable use of the property with the Applicant at any time. Councilman Atkins moved to uphold the decision of the Planning Com- mission denying modification of the Conditional Use Permit and Zone Variance in that it is in violation of the Zoning Ordinance and in- structed the City;Attorney to prepare a resolution to that effect, seconded by Councilwoman Swain and unanimously carried. City Attorney Martin stated he would prepare the resolution and, in the interim, if Mr. Baker wished to contact him regarding any of the matters pertinent to this issue, the appropriate zoning, the sections of the zoning code referred to by Council, the noise or the element of the estoppel that Mr. Baker referred to, he would be glad to discuss it with him. 7. NEW BUSINESS: A. PROPOSED GOALS, OBJECTIVES AND PROJECTS OF THE COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM - FISCAL YEAR 1984 -85 City Manager Koski presented background information stating at Council direction, Staff's proposed goals and objectives of the Community Development Block Grant Program for fiscal 1984 -85, include commer- cial redevelopment of the Rosemead Redevelopment Project; handicapped facilities ... to be included in the new City Hall renovation; and plan- ning and administration activities to include allocations to promote and support fair housing efforts. Councilman Atkins moved to adopt the goals and objectives of the Community Development Block Grant Program and the uses of the CDBG funds as proposed in staff memo dated February 29, 1984, seconded by Councilwoman Swain and unanimously carried. Council Minutes, March 6, 1984 - Page 4 8. COMMUNICATIONS: A. CHAMBER OF COMMERCE: "GOLD MINER DAYS" JUNE 30 - "JULY 1, 1984 City Manager Koski stated the Temple City Chamber of Commerce pre- sented its plans for the 1984 Gold Miner Days and requested City Council approval. Councilman Dennis expressed concern as to potential traffic problems that might arise if the carnival is conducted on the southwest corner of Las Tunas and Rosemead Boulevard. Councilman Atkins moved to refer the request for Gold Miner Days to Staff and the Traffic Commission for review and to report back to Council, seconded by Councilman Dennis and unanimously carried. 9 TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Virgil Graf, 6118 Primrose, a representative of Pacific Bell, extended to Council and Staff an invitation for Sunday, March 11, to attend a special viewing of a travel showcase of the technology to be used at the 1984 Olympics. RECESS TO CRA: At this time, Council recessed to meet as the Community Redevelopment Agency, approved the minutes of the regular meeting of February 21, 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: A. REQUEST TO ATTEND CALIFORNIA MUNICIPAL TREASURER'S ASSOCIATION SEMINAR AND PRE - SEMINAR WORKSHOP - SAN JOSE, APRIL 23 -27, 1984 Councilman Atkins moved to authorize City Treasurer's attendance to both the conference and pre - conference workshop; approve the cost of $630; and amend the adopted budget for the additional expense of $85, seconded by Councilman Dennis and unanimously carried. B. NEIGHBORHOOD WATCH NEWSLETTER City Manager Koski presented a communication from Captain Callas of the Temple Sheriff's Station requesting support for the Neighborhood Watch Newsletter to maintain continued support and interest from those involved in the Neighborhood Watch Program. Councilwoman Swain moved to approve the $300 expenditure in support of the Neighborhood Watch Newsletter, seconded by Councilman Atkins and unanimously carried. 12. ADJOURNMENT: On motion by Councilman Atkins, seconded by Councilman Dennis, the meeting adjourned at 8:25 p.m. Next regular meeting of the City Council will be held on March 20, 1984, in the Council Chamber of the City Hall. • ATTEST: