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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. 1 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. 1S 1 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. 142 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. 15 141 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. 1.9 140 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. 1 i 1 `38 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 1 .Z Z6