HomeMy Public PortalAboutCity Council_Minutes_1985-12-03_Regular 1985CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
DECEMBER 3, 1985
II NITIATION:
1. CALL TO ORDER:
Mayor Dennis called the regular meeting of the City Council to
order at 7:30 p.m., Tuesday, December 3, 1985, in the Council
Chambers.
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2. The invocation was given by Father Kevin of St. Luke's Catholic
Church, 9451 East Broadway.
3. The Pledge of Allegiance to the. Flag was led by Mayor Dennis.
4. ROLL CALL:
Present: Councilmen-Atkins, Froehle, Gillanders, Swain,
Dennis
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Planning
Director Shaw, Parks and Recreation Director Kobett,
Public Works Coordinator Peterson and Julie Estrada
of the Temple City Times
PRESENTATION:
Mayor Dennis presented a plaque of recognition to former Temple
Station commander, Captain Jim Callas,of the Los Angeles County
Sheriff's Department.
CONSENT CALENDAR:
Councilman Gillanders requested that item 5. B.(1) be removed from
the Consent Calendar.for comment. He commended the Parks and
Recreation Commission for the manner in which a compromise was
reached on the request from the Temple City Tennis Club for use of
the courts at Live Oak Park.
On motion by Councilman Atkins, seconded by Councilman Swain, all
items on the Consent Calendar were approved as recommended.
A. APPROVAL OF MINUTES - Regular Meeting of November 19, 1985
Approved as written.
B. (1) REQUEST FOR RESERVED USE OF TENNIS COURTS - TEMPLE CITY
TENNIS COURTS TEMPLE CITY TENNIS CLUB FOR 1986
Council approved request of the Temple City Tennis Club
for use of tennis courts and facilities at Live Oak Park
for the year 1986 as outlined in the staff memo dated
November 21, 1985.
B. (2) REQUEST FOR USE OF LIVE OAK PARK FACILITIES - TEMPLE CITY
NATIONAL LITTLE LEAGUE (FOR REGISTRATION)
Council approved the request from the Temple City National
Little League for use of Live Oak Park to conduct regis-
tration from 9:00 a,m. to 3:00 p.m. December 14, 1985;
7:00 p.m. to 9:30 p.m. January 10 and 17, 1986; and 9:00 a.m.
to 12:00 noon January 11 and 18, 1986.
(3) FEES FOR USE OF LIVE OAK PARK
Council approved the revised Fee and Charge Schedule for
use of Live.Oak Park as submitted by the Parks and Recre- 144
ation Commission outlined in staff memo dated November 21,
1985.
Council Minutes, December 3, 1985 - Page 2
C. PLANNING COMMISSION ACTION - MEETING OF NOVEMBER 26, 1985
Council received and filed memo from the Planning Commission
outlining action taken at the Commission's meeting of Novem-
ber 26, 1985.
D. REQUEST FOR USE OF FACILITIES FOR 42nd ANNUAL CAMELLIA
FESTIVAL - FEBRUARY 21, 22, 23, 1986
Council approved request of Temple City Camellia Festival
for use of City facilities as enumerated in staff memo dated
November 21, 1985 subject to all necessary permits and legal
requirements including insurance certificates in the amount
of $5,000,000, naming the City as additionally insured and
that the insurance be primary to any coverage the City may
have in effect.
E. ACCEPTANCE OF BID - PURCHASE AND INSTALLATION OF CARPETING
FOR CIVIC CENTER BUILDING- COUNCIL CHAMBERS
Council accepted the low bid from Monroe Schneider Associates
in the amount of $3,607.08 for the purchase and installation
of carpeting in the Council Chambers.
F. RESOLUTION NO. 85 -2398: WARRANTS AND DEMANDS
Council adopted Resolution No. 85 -2398 authorizing payment
of bills.
6. UNFINISHED BUSINESS:
A. PUBLIC HEARING: PROPOSED AMENDMENT TO THE TEMPLE CITY ZONING
CODE TO ALLOW FORTUNE TELLING AS A PERMITTED USE IN THE C -3
AND /OR C -2 ZONE
City Manager Koski provided background information stating
that the Planning Commission failed to make a recommendation
to the City Council, voting 2 - 2 over the issue of whether
a fortune- telling business should be permitted in the C -2
zone at the Commission's. November 12 meeting. Two alterna-
tives the Commission considered were: 1) limit a fortune -
telling business to the C -3 . zone; or 2) limit a fortune -
telling business to the C -2 and C -3 zone and require a mini-
mum of 1,000 feet between fortune - telling establishments and
other adult businesses. These restrictions were considered
since it was felt that fortune - telling parlors tend to bring
blight to the neighborhood in which they are located. A Nega-
tive Declaration of Environmental Impact has been prepared
stating that the proposed amendment will not have an adverse
effect on the environment.
Mayor Dennis declared the public hearing open and invited
anyone wishing to speak to come forward.
As no one wished to address Council, Councilman Gillanders
moved to close the public hearing, seconded by Councilman
Atkins and unanimously carried.
Councilman Gillanders stated that he was in favor of a C -3
zoning for fortune - telling, but felt that the limitation as
to distance may be construed as unnecessarily restrictive.
Councilman Froehle was also in favor of the C- 3,zoning and
would like to see the 1,000 -foot distance between adult
businesses.
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Council Minutes, December 3, 1985 - Page 3
Councilman Atkins stated he was in favor of the C -3 zoning
for fortune - telling businesses and also the distance restric-
tion of 1,000 feet.
Councilman Swain was in favor of the C -3 only zoning and the
1,000 -foot restriction.
Councilman Swain moved to certify the Negative Declaration of
Environmental Impact; and approve fortune - telling as a permitted
use in the C -3 Zone with a minimum of 1,000 feet between said
business and another adult business, seconded by Councilman
Atkins and unanimously carried.
City Attorney Martin introduced Ordinance No. 85 -578, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
AMENDING SECTION 9390 AND ADDING SECTION 9117(H) TO THE TEMPLE
CITY ZONING CODE RELATING TO FORTUNE- TELLING, for first read-
ing by title only.
Councilman Swain moved to waive further reading, seconded by
Councilman Froehle and unanimously carried.
B. PUBLIC HEARING: PROPOSED SIGN ORDINANCE AMENDMENT RE: PROPERTY
ADDRESS IN ARABIC NUMERALS AND 50 PERCENT OF TOTAL SIGN AREA
IN ROMAN ALPHABET AND /OR ARABIC NUMERALS
City Manager Koski advised that the Planning Commission recom-
mended that City Council approve an amendment to the existing
Sign Ordinance requiring every business in the commercial and
industrial zones to have an address in Arabic numerals loca-
ted on the front of the building, and require at least 50 per-
cent of the signage be written in the Roman alphabet and /or
Arabic numerals. The Commission also recommended that the
address should be a minimum of four inches in height and be
of contrasting colors. At a November 18 study session, the
Planning Commission and City Council agreed that the numerals
should be at least five inches in height rather than four and
at least 50 percent of the sign text, not the sign area, be
in the Roman alphabet and /or Arabic numerals. A Negative
Declaration of Environmental Impact has been prepared indicat-
ing that the proposed amendment will not have an adverse
effect on the environment.
Mayor Dennis declared the public hearing open and invited
anyone wishing to speak to come forward.
As no one wished to address Council, Councilman Gillanders
moved to close the public hearing, seconded by Councilman
Froehle and unanimously carried.
Councilman Atkins stated that he would be in favor of such an
Ordinance, but would prefer that 66 percent of the sign be in
the Roman alphabet and /or Arabic numerals and 33 percent in
pictograph.
Councilman Froehle stated that he felt the 50 percent figure
was reasonable for the printed context.
Councilman Gillanders agreed with the. 50 percent criteria.
Councilman Swain was in favor of the proposed Ordinance, but
agreed with the 66 percentage.
Mayor Dennis stated he was also in favor of the Ordinance and
felt the 50 per cent ratio was fair.
Councilman Gillanders moved to, certify the Negative Declara-
tion of Environmental Impact, seconded by Councilman Atkins
and unanimously carried.
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Council Minutes, December 3, 1985 - Page 4
Councilman Atkins reminded the rest of the Council members
that another aspect of the proposed sign ordinance was to in-
clude that the Arabic numbers were to appear on the rear of a
building which had a rear public access.
City. Attorney Martin introduced Ordinance No. 85 -577, AN ORDIN-
ANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING
SECTION 9326. OF THE ZONING CODE RELATING TO SIGNS, for first
reading by title only.
Councilman Gillanders moved to waive further reading, seconded
by Councilman Swain and unanimously carried.
C. PROPOSED ANNEXATION 85 -1, 5213 -5223 ROSEMEAD BOULEVARD, ROMAAK
CORPORATION
City Manager Koski reported that Council at their November 19,
1985 meeting held over action on a request for annexation and
approval of the tax resolution. Council had requested that
staff determine whether the condominiums at this location met
with the City's standards. Staff has determined that the pro-
ject does not conform with Temple City standards in that: (1)
the first floor set back is less than 10 feet; (2) the density
would require an R -4 zoning; (3) open space is deficient by
664 square feet; (4) there is no guest parking provided; stall
size is too small; insufficient enclosed spaces; and (5) no
sprinkler system is provided in the garages or units.
Mayor Dennis inquired of Planning Director Shaw whether the
City had received notification from the County when the pro-
ject was proposed.
Planning Director Shaw replied that the County had con-
tacted the City and that the City in turn advised the County
that the proposed project did not conform to the City's build-
ing standards.
Bob Christenson, 2394 Melville Drive, San Marino, project super-
visor, advised that he'd be happy to respond to any questions
the Council may have.
Mayor Dennis inquired of Mr. Christenson what was the purpose
of the request for annexation to the City.
Mr. Christenson responded that the developer believed he would
benefit financially if the development were to be in the City
of Temple City and in the Temple City School District.
Mr. Christenson was advised that property in the location of the
subject project would fall into the San Gabriel School District
and not the Temple City School District.
Councilman Gillanders stated he would be totally against annex-
ing a piece of property which was newly constructed, uninhabited
and having five major deficiencies in conforming to the standards
of the Temple City Zoning Code. Further, he felt it would be
inequitable to future developers in Temple City who must comply
with the City's code.
Councilman Swain concurred with Councilman Gillanders, adding
that residents of Temple City have made it clear that they do
not desire high density development in the City. It was Coun-
cilman Swain's opinion that the City would reap no benefit by
the annexation; and it was doubtful that even the developer would
benefit since the property would have a San Gabriel mailing
address and be in the San Gabriel School District.
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Council Minutes, December 3, 1985 -Page 5
Councilman Froehle concurred with what had already been said
by Councilmen Gillanders and Swain.
Councilman Atkins stated that his concerns had been expressed
by Councilmen Gillanders and Swain and was also opposed to the
proposed annexation.
Mayor Dennis agreed with Council and further stated that the
Council members would be very remiss in their responsibility to
the people of Temple City if Council were to approve an annex-
ation which had as many deficiencies to the City's Zoning
Code as the 24 -unit condominium located at 5213 -5223 Rosemead
Boulevard.
Councilman Gillanders moved to deny the application for annex-
ation to the City of Temple City for the reasons stated, seconded
by Councilman Atkins and unanimously carried.
7. NEW BUSINESS:
A. PUBLIC HEARING: REQUEST FOR APPROVAL OF TENTATIVE TRACT MAP
44319 TO ALLOW DEVELOPMENT OF 14 DETACHED RESIDENTIAL CONDO-
MINIUMS AT 5543 -5551 SANTA ANITA AVENUE
City Manager Koski provided background information stating that
the Planning Commission, at their November 12, 1985 meeting,
by a vote of 3 to 1 approved and recommended that City Council
approve a tentative tract map to allow development of a 14 -unit
detached residential condominium located on the west side of
Santa Anita Avenue between Danbury Street and Live Oak Avenue
with a street address of 5543 -5551 Santa. Anita Avenue. The
applicant proposes to construct a 14 -unit residential condo-
minium development with an overall density of 11.4 units per
acre. The development consists of 14 detached two -story resi-
dences.with floor areas ranging from 1,422 square feet to
1,689 square feet per unit. Each unit will have an attached
two -car garage with the availability of tandem parking. A
Negative Declaration of Environmental Impact has been filed
indicating the project will have no significant environmental
impact.
Councilman Gillanders questioned Section 2. 4. a) of the Planning
Commission Resolution No. 85 -1218 as it states "delete the last
clause relating to sprinklers ".
Planning Director Shaw responded saying that since the Ordinance
relates to attached structures which have living area above
garages and this development consists of detached structures and,
therefore, are not required to have sprinkler systems according
to City Code.
Mayor Dennis questioned Section 2. 4. b) of the same Resolu-
tion, inquiring as to how the $11,803 figure was arrived at
for the compensation to be paid the El Monte School District
for increase in student enrolment brought about by the develop-
ment.
Planning Director Shaw responded that the amount was based on
a formula devised by the County of Los Angeles. The developer
and School District have agreed to give some flexibility to
the $11,803 figure, but that amount will be the maximum.
A video presentation of the property was given by Planning
Director Shaw.
Mayor Dennis declared the public hearing open and invited any-
one wishing to speak to come forward.
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Council Minutes, December 3, 1985 - Page 6
John Plount, president, John E. Plount and Company, Inc.,
217 West Las Tunas Drive, Suite 6, San Gabriel 91778, stated
that he felt his proposed development was a good quality
development and would be a welcome addition to the City.
He said his company has had extensive experience with this type
of housing throughout the San Gabriel Valley in the past ten
years. The proposed development has all the elements of a
single family detached tract, which is common in Temple City.
Mr. Plount feels that, by providing tandem parking spaces in
front of each garage, the shortage of guest parking has been
eliminated.
Councilman Gillanders moved to close the public hearing, secon-
ded by Councilman Atkins and unanimously carried.
Councilman Atkins stated that he felt the project was inno-
vative and cleverly devised, keeping the project to a medium
density.
Councilman Froehle stated he was very much in favor of approv-
ing the proposed project.
Councilman Gillanders was totally opposed to the project design.
Councilman Swain felt that for the area and this type of lot
it was a very innovative idea. She was pleased with the open-
ness of the project, the greenery and the fact that they were
detached units. Also impressive was the fact that the developer
chose to develop the property using a lower density than he
might have.
Mayor Dennis concurred with the majority of the Council in that
the project would be a favorable addition to the City.
It was moved by Councilman Atkins to certify the Negative Declar
ation of Environmental Impact, seconded by Councilman Swain and
unanimously carried.
Councilman Atkins moved to approve the request for Tentative
Tract Map 44319 allowing development of a 14 -unit residential
condominium per the findings and conditions of approval as recom-
mended by the Planning Commission, seconded by Councilman Swain
and carried on a roll call vote.
ROLL CALL:
AYES: Councilmen- Atkins, Froehle, Swain, Dennis
NOES: Councilmen - Gillanders
B APPEAL OF PLANNING COMMISSION ACTION DETERMING THE EXISTENCE OF
A PUBLIC NUISANCE AT 5117 ROSEVALE AVENUE, PROPERTY NUISANCE
CASE NO. 85 -137
City Manager Koski stated that at the November 12, 1985 meeting
of the Planning Commission the Commission adopted Resolution No.
85 -1216 P.C. determing the existence of a public nuisance and
recommending abatement thereof on property located at 5117 Rose -
vale Avenue and adjacent property. The condition which prompted
this action was a large accumulation of scrap wood, metal and
miscellaneous debris posing a potential fire and health hazard.
The property owner was first notified of the violation on July 9.
While some progress has been noted, it has not been significant.
Planning Commission Resolution requires that Fire Department
concerns be resolved. by December 11 and by February 12, 1986
all miscellaneous items be stored completely within a building
except for fire wood not to exceed two cords and /or structures
be either removed or modified to comply with zoning and build-
ing code standards.
in 1'7'
Council Minutes, December 3, 1985 - Page 7
Harold McCann, Chief, L.A. County Fire Department, stated he
inspected the subject property with the property owner, John
Hewko, and found the condition to be a great fire hazard with
all the stored lumber and overgrowth on the property.
John Hewko, 5117 Rosevale Avenue, Temple City, requested that
he be allowed to keep the shed where he stores his saw and
said that most of the wood would be used in his fireplace over
the winter months.
Councilman Gillanders moved to close the public hearing, secon-
ded by Councilman Atkins and unanimously carried.
Councilman Atkins felt the video tape showed quite well the
problems existing on the subject property and Battalion Chief
McCann expressed his deep concern for the hazard of fire to
the property and properties adjacent to it. Councilman Atkins
concurred with the decision of the Planning Commission.
Councilman Froehle concurred with the Planning Commission deter-
mining the existence of a public nuisance at the subject address;
and felt that, in fairness to the neighbors who complained to
the City regarding the situation, it's time action was taken to
correct the property nuisance.
Councilman Gillanders agreed that Council confirm the decision
of the Planning Commission.
Councilman Swain stated that she basically agreed with the
comments made, but questioned how the amount of two cords of
wood was decided upon.
Chief McCann responded that lumber stacked is intrinsically
more dangerous than logs, and two cords would be reasonable.
Mayor Dennis agreed that Mr. Hewko has been given sufficient
time in which to remedy the situation and agrees that Council
must confirm the decision of the Planning Commission.
Councilman Atkins moved to confirm the decision of the Planning
Commission by adopting Resolution No. 85 -2396, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN
PREMISES TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT THEREOF,
seconded by Councilman Gillanders and unanimously carried.
C. PUBLIC HEARING: APPLICATION FOR DANCE AND ENTERTAINMENT PERMIT
"YE OLDE IVANHOE ", 9669 LAS TUNAS DRIVE (FORMERLY THE SEVAN)
City Manager Koski stated that the City received an application
for a Business License, and Entertainment and Dance Permits
from the new owner of the Sevan International Night Club. On
July 14, 1981 the Planning Commission held a public hearing and
by Resolution No. 81- 962P.C. granted a Conditional Use Permit
for the owners to conduct a restaurant at the subject address.
The Sheriff's Department recently investigated the transfer of
both the Entertainment and Dance Permits and found no reason
to deny the permit transfer request; and, therefore, staff recom-
mends City Council's approval of the permits on an interim
basis subject to the Planning Commission's review of the CUP, to
be held in January. The owner . has requested in his letter
to the City dated November 18 a change in #7 and #9 of the CUP.
Mr. Belwish requested that he be allowed to employ individuals
under the age of 21 to serve dinners, and bus and wash dishes;
and that he be allowed to have live music beginning at 4:00 p.m.
Mayor Dennis dclared the public hearing open and invited anyone
wishing to speak to come forward.
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Council Minutes, December 3, 1985 - Page 8
Thomas Belwish, 9669 East Las Tunas Drive, stated that he has
been in the area for 21 years and has had approximately 15 years
in the restaurant business. He would like to hire young people
from the area rather than unskilled adult laborers. Also, he
feels his prices are competitive enough whereby he'll be able
to make a profit and also attract good caliber clientele.
Councilman Froehle inquired of Mr. Belwish whether there is a
separation between the eating area and bar.
Mr. Belwish said there was.
Councilman Atkins asked where Mr. Belwish was placing emphasis -
the lounge or the dinner house.
Mr. Belwish responded that at the present time he believes 65%
of his business will be generated from the lounge and 35% from
dinner.
Councilman Swain asked Mr. Belwish what type of entertainment
he proposes to have and advised him that there have been problems
in the past concerning the noise and complaints of neighbors.
Mr. Belwish stated he has recently had the sound system changed
whereby the speakers will have sound directed to the center
rather than out; and that he plans to have a two- or three -
piece band playing. No hard rock music will be played as he
tends to cater to an older crowd.
Mayor Dennis asked Mr. Belwish if he would be agreeable to hav-
ing employees under the age of 21 quit work at 10:00 p.m.
Mr. Belwish stated that he would be agreeable to such a stipu-
lation, but that it may be a little after 10:00 p.m. for a
dishwasher to be able to go home.
Tom Connally, 59192 Camellia Avenue, stated that in the past
there had been many problems with noise coming from the establish-
ment and patrons urinating in the parking lot. Mr. Connally did
not want a rerun of this same problem.
Councilman Gillanders moved to close the public hearing, secon-
ded by Councilman Atkins and unanimously carried.
Councilman Gillanders stated he would be in favor of having a
restaurant such as the Ye Olde Ivanhoe and felt that Mr. Belwish
would indicate to the City what type of business he was running
between now and the time that the Planning Commission reviews
the CUP.
Councilman Swain was also in favor of having the restaurant's
entertainment start at 4:00 p.m. and allowing Mr. Belwish to
hire employees below the age of 21 as long as they do not handle
the alcoholic beverages and that their quitting time be 10:00 p.m.
Councilman Atkins concurred with other Council members stating
that the staff recommendations were very reasonable.
Councilman Froehle concurred with Council and offered his best
wishes to Mr. Belwish for a successful business.
Mayor Dennis concurred.
Councilman Gillanders moved to approve the transfer of the
Entertainment and Dance Permits; direct owner to make applica-
tion to the Planning Commission regarding modification of CUP
Items 7 and 9 to allow employees under the age of 21 to be on
the premises, and to permit dancing and entertainment from
4:00 p.m. to 2:00 a.m.; allow the operation of the business for
an interim period until the Planning Commission takes action
on the CUP application scheduled for January 14, 1985, seconded
15 1 r by Councilman Atkins and unanimously carried.
Council Minutes, Decmeber 3, 1985 - Page 9
8. COMMUNICATIONS:
None
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
None wished to address Council.
RECESS TO CRA:
At this time Council recessed to meet as the Temple City Community
Redevelopment Agency; approved the Minutes of the regular meeting
of November 19; set public hearing for development and design con-
trols for Block "A" within the Rosemead Boulevard Redevelopment
Project and Schematic Site Plan by adopting Resolution 85 -251; pro-
posed review of AB265 relative to impact on Redevelopment Project;
and adopted Resolution No. CRA 250: Warrants and Demands.
10. ACTION ON REQUEST BY CRA:
None
11. MATTERS FROM CITY OFFICIALS:
A. PERSONNEL - SALARY ADJUSTMENTS FOR PLANNING DEPARTMENT STAFF
City Manager Koski stated that a memo was directed to Council
members regarding the position of Associate Planner and the dif-
ficulty experienced in filling the position. Upon reviewing
the salary schedule, it is felt that there should be an adjust-
ment in order to be more competitive.
Councilman Gillanders moved to approve an increase and reclassi-
fication for Associate Planner from Range No. 53.5 to Range
No. 55.5; and Planning Technician from Range No. 49.5 to Range
No. 51.5, seconded by Councilman Swain and unanimously carried.
B. TAXPAYERS FOR FAIR RESPONSIBILITY
City Manager Koski advised that correspondence dated October 28,
1985, from the Taxpayers for Fair Responsibility was an initia-
tive effort to resolve the "deep pocket" problem. The organi-
zation was requesting the City Council to adopt a resolution of
support.
Councilman Swain moved to adopt Resolution No. 85 -2399, A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ENDORSING
FAIR RESPONSIBILITY ACT OF 1986, seconded by Councilman Gillanders
and unanimously carried.
C. CALIFORNIA DISPOSAL ASSOCIATION
City Manager Koski referred Council to correspondence received
from the California Disposal Association dated November 22,
1985, concerning the early closing of the Puente Hills Dump.
It was suggested that concerns regarding this be expressed at
the board meeting of the Sanitation District. It was Mr. Koski's
opinion that perhaps those cities who are a part of the Sanita-
tion District, where there are taxpayers' funds involved, that
franchised haulers be given preferential treatment.
12. ADJOURNMENT:
On motion by Councilman Gillanders, seconded by Councilman Atkins,
the meeting adjourned at 9:45 p.m. Nest regular meeting of the City
Council will be held on Tuesday, December 17, 1985, at 7:30 p.m.
ATTEST:
Chief Cieptity City .'er
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