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HomeMy Public PortalAboutCity Council_Minutes_1986-09-16_Regular 1986CITY OF TEMPLE CITY CITY COUNCIL MINUTES SEPTEMBER 16, 1986 INITIATION: 1. CALL TO ORDER: Mayor Atkins called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, September 16, 1986. 2. The invocation was given by Reverend Dennis Schlecht of the First Lutheran Church. 3. The Pledge of Allegiance to the Flag was led by Mayor Atkins. 4. ROLL CALL: Present: Councilmen- Dennis, Froehle,Gillanders,Swain,Atkins 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 5. CONSENT CALENDAR: The following items were removed from the Consent Calendar: Item B by Councilman Dennis; Items D(2) and D(3) by Councilman Swain; and Item F by Mayor Atkins. On motion by Councilman Gillanders the remaining items on the Cons'ent Calendar were approved, seconded by Councilman Froehle and unanimously carried. A. APPROVAL OF MINUTES - Regular Meeting of September 2, 1986 Approved as written. C. ORDINANCE NO. 86 -591 (2nd reading) ORDINANCE AMENDMENT TO THE TEMPLE CITY ZONING CODE TO ALLOW THE RETAIL SALES OF TROPHIES AND AWARDS IN THE C -1 AND C -1 -R ZONES Council waived further reading and adopted Ordinance No. 86 -591 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTIONS 9371A AND 9375A OF THE TEMPLE CITY ZONING CODE TO ALLOW THE RETAIL SALES OF TROPHIES AND AWARDS IN THE C -1 AND C -1 -R ZONES. D. RECOMMENDATIONS FROM PLANNING COMMISSION MEETING OF 9/9/86 (1) CLARIFICATION OF AMBIGUITY TO ALLOW A FROZEN YOGURT SHOP IN THE C -1 -R ZONE Council approved the clarification of ambiguity to allow a frozen yogurt shop in the C -1 -R zone and directed staff to initiate a Code amendment by Ordinance. (4) PLANNING COMMISSION ACTION Received and filed memo from the Planning Commission outlining action taken at the Commission's meeting of September 9, 1986. 294 Council Minutes, September 16, 1986 - Page 2 E. CLAIM FOR DAMAGES - BERTHA JONES Council denied claim and referred it to JPIA. F. RESOLUTION NO. 86 -2662: EMPLOYMENT OF PERSONNEL Council adopted the Resolution to appoint budgeted personnel. G. RESOLUTION NO. 86 -2663: WARRANTS AND DEMANDS Council adopted the Resolution to pay bills. THE FOLLOWING ITEMS WERE REMOVED FROM THE CONSENT CALENDAR: B. ACCEPTANCE OF WORK - B.I.G. ENTERPRISES, INSTALLATION OF BUS BENCH SHELTERS Councilman Dennis inquired as to the warranty period of the busy bench shelters. Staff responded that there was a one year warranty from the date of installation on the shelters and 90 days on the lighting. Councilman Dennis moved to accept work performed; authorized filing Notice of Completion; authorized payment in the sum of $172,171.30; and authorized payment of 10% retention at the end of the 35 day lien period in the sum of $19,130.14, seconded by Councilman Gillanders and unanimously carried. D. (2) CLARIFICATION OF AMBIGUITY TO ALLOW A TANNING SALON IN's CONJUNCTION WITH A SPORTSWEAR CLOTHING /BOUTIQUE STORE IN. THE C -1 ZONE 1 Councilman Swain requested that this item be deferred until, after the proposed code amendments under Item 7 A. relat- ing to business regulations are determined. Council con- curred. D. (3) SECTION 9316 OF THE TEMPLE CITY ZONING CODE: HEIGHT OF HEDGES IN THE RESIDENTIAL ZONES Councilman Swain felt since this had come before the Coun- cil at a public hearing with a great deal of discussion and . was referred back to the Planning Commission for study and recommendation, it should be discussed separately from the Consent Calendar. City Manager Koski presented background information stating City Council at their August 5, 1986, meeting concurred with the Planning Commission declaring the property at 5738' Kauffman Avenue to be a property nuisance ordering, abatement thereof within 60 days. In conjunction with this action, Council requested the Planning Commission review, and comment on the intent, purpose, and desirability of the yard over - height restrictions for hedges. After Commission deliberations, they recommended that the height''. of hedges within the front yard setback be permitted to be 48" instead of 36" as now provided for view obscuring within the front yard setback. Councilman Gillanders expressed concern that anything over 36" would be a liability factor since from a vehicle you cannot see over 48 inches. ? 9 Council Minutes, September 16, 1986 - Page 3 City Manager Koski stated the Traffic Commission had stud- ied at great length the traffic safety aspects of recrea- tional vehicle parking and the traffic safety aspects of fences and hedges. The Traffic Commission concluded that as recreational vehicles parked on private property do not collectively constitute a traffic hazard per se, therefore no ordinance restricting them is recommended. Councilman Dennis felt that as long as the set back re- quirements for safety purposes for a car backing out of the driveway is adequate to allow them visability to see pedes- trians that each person should have a right to use their property as they see fit within reasonable limitations. Councilman Froehle basically agreed with Councilman Dennis in that the main concern is safety of the pedestrian and safety of the vehicle driving down the street or backing out of the driveway and the residents should have latitude to put in their front yards what they wish as long as it is maintained. Gorden Fisher, 5722 Kauffman, stated he has been following this issue over a period of time because he felt in his neighborhood a drastic problem did exist. One of his main concerns regarding the hedge is the fire hazard it presents as the narrow access to the property would not allow a fire truck to come on to the property. The height restriction in the front yard and a 20' set back on the side should be seriously considered. Mayor Atkins replied that fire trucks drive down a driveway only if they are required to go beyond 250 feet. This was confirmed by Fire Chief Joe Ennon who stated further that they would fight the fire from equipment parked on the street involving properties of this size. Following considerable discussion Councilman Swain moved to retain the ordinance as it presently exists which is a 36" high solid wall and a 42" non -view obscuring walls, sec- onded by Councilman Gillanders and carried on a roll call vote. ROLL CALL AYES: Councilmen- Dennis, Froehle, Gillanders, Swain, Atkins NOES: Councilmen -None Following a further report from staff Council will continue to study this issue in a future study session. F. REQUEST FOR AUTHORIZATION TO DISPOSE OF OBSOLETE PROPERTY Mayor Atkins had requested this item be removed from the Con- sent Calendar to inform the audience that this was the "last call" for street name signs if anyone is interested as they are on the list of items to be disposed of. Councilman Gillanders moved to declare the items listed in staff memo of September 11, 1986, to be surplus and authorized staff to proceed under Section 2512 of the Municipal Code, seconded by Councilman Swain and unanimously carried. 292 Council Minutes, September 16, 1986 - Page 4 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: PROPOSED ORDINANCE AMENDMENT TO THE TEMPLE CITY ZONING CODE PERTAINING TO TEMPORARY BANNERS AND SIGNS City Manager Koski presented background information stating the Planning Commission approved and recommended that the City Council approve an amendment to the Temple City Zoning Code, pertaining to temporary signs. The proposed amendment includes balloons in the definition of temporary signs; eliminates fees for planning review; limits temporary signs for a period not to exceed 30 days in a calendar year which has been modified by subsequent action of the Planning Commission to allow the 30 days to be segmented into several time periods, a minimum of 5 days in length, during any 6 month period. The Chamber of Commerce in their consideration also recommended that the amendment be approved with the exception that one 30 day permit per 6 month period instead of 30 days in a calendar year be Councilman Dennis wanted to verify that the temporary signs did exclude window signs and he was assured by staff that interior, window signs are under separate regulations. Mayor Atkins declared the public hearing open and invited anyone wishing to address the proposed ordinance to come for- ward. As no one wished to speak, Councilman Gillanders moved to close the public hearing, seconded by Councilman Swain and unani- mously carried. The recommendation from the Chamber of Commerce and the commu- nication of the Planning Commission are incorporated into the final ordinance which would provide a maximum of 30 days within each 6 month period of time which could be in increments of not less than 5 days. Councilman Gillanders moved to certify Negative Declaration of Environmental Impact, seconded by Councilman Dennis and unani- mously carried. With Council approval of a proposed amendment, City Attorney Martin introduced Ordinance No. 86 -594 AN ORDINANCE OF THE CITY' COUNCIL OF THE CITY OF TEMPLE CITY AMENDING AND /OR ADDING SECTIONS 9321, 9322, AND 9326 OF THE TEMPLE CITY ZONING CODE PERTAINING TO TEMPORARY BANNERS AND SIGNS. Councilman Gillanders moved to waive further reading, seconded, by Councilman Froehle and unanimously carried. 7. NEW BUSINESS: A. PROPOSED MUNICIPAL CODE AND ZONING CODE AMENDMENTS RELATING TO BUSINESS REGULATIONS City Manager Koski presented background information stating that a new business came to the community last week, and when an on site inspection was made on Wednesday, September 10, 1986, the business was found to have violated a number of building code provisions. Originally the business (Video. Flick) was licensed as a book and video sales and rental store had received an occupancy permit for that purpose. Subse- quent to that permit a great deal of work was done which was in violation of the building and electrical codes. Following' inspection by the City Attorney, City Manager, staff members, 15 ;29:x.. Council Minutes, September 16, 1986 - Page 5 business license detail and building inspector, the business was closed due to potential safety problems that were present in the structure. After reviewing the present business license ordinance the City Attorney has prepared Code amendments which would assist in the regulation of this type of business. City Attorney Martin stated the present violations of the building and electrical codes can be cured in time. That would leave the issue of a possible zoning code violation, a matter which the City Council has been concerned with for some time in attempting to prepare an ordinance consistent with U.S. Supreme Court declarations. The U. S. Supreme Court gave guide lines in the City of Renton case, and the present proposed ordinance . is consistent with that case and other cases pertaining to this type of business. This proposed ordinance is a general appli- cation type ordinance and not directed at any one place, but rather to general zoning and''would give us the authority to maintain the lifestyle to which the City is accustomed. It is recommended that Council clarify the adult business zoning ordinance to include recent regulations authorized by the U.S. Supreme Court. Councilman Swain requested that Ordinance No. 86 -592 be read in its entirety since most of the residents were present for that reason. (The ordinance was read by City Manager Koski.) Mayor Atkins stated that although we presently had an ordinance that regulated adult businesses but as a result of some recent court cases, more strength has been added to "beef up" our ordinances. Mary Manning, 5728 Golden West, inquired if during the interim period the book store would be able to operate, as she had observed this evening that the doors were open. She inquired further if someone applies for a business license if they are investigated before one is given to them, and if they are presently closed down are they being policed? City Attorney Martin responded that we can go only so far on investigating someone coming in on a routine business license. Council could classify book and video stores as a "risky busi- ness" and require background checks the same as are required for entertainment licenses. Another problem is the definition of an adult business. Two cases were given as examples. One case held that only once a month showing of x -rated movies at an otherwise non -adult movie theatre was an occasional or "less than exclusive" showing and not classified as an adult busi- ness. While a more recent case held just the opposite. The first case was affirmed by the Supreme Court by refusing to hear it and the latter being decertified. Thus we have the problem of the extent of adult business that is required before a business is classified "an adult business ". This is a prob- lem the courts have created and which is one of the problems we are seeking to solve this evening. Mr. Martin stated further when there is a violation of the code appropriate steps are taken and the code will be enforced to the maximum and would assume Council would allow the necessary expenses to do so. All Councilmembers expressed their concern and willingness to take appropriate action as necessary and within their power to do so, the first of which is the adoption of an urgency ordi- nance. 15 290. Council Minutes, September 16, 1986 - Page 6 Councilman Gillanders moved to adopt Ordinance No. 86 -592 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING AND /OR ADDING SECTIONS 5139C AND 4180 OF THE TEMPLE CITY MUNICIPAL CODE AND SECTION 9455 OF THE TEMPLE CITY ZONING CODE RELATING TO BUSINESS REGULATIONS AND PROVIDING FOR THE IMMEDIATE ENACTMENT THEREOF, seconded by Councilman Swain and unanimously carried on a roll call vote: ROLL CALL: AYES: Councilmen- Dennis, Froehle, Gillanders, Swain, Atkins NOES: Councilmen -None City Attorney Martin stated we now have the exact same ordi- nance which will go through the regular procedure of two read- ings and a public hearing and is designated as Ordinance No. 86 -593. With Council approval, City Attorney Martin introduced Ordi- nance No. 86 -593 by title only. Councilman Gillanders moved to waive further reading, seconded by Councilman Froehle and unanimously carried on a roll call vote: ROLL CALL: AYES: Councilmen- Dennis, Froehle, Gillanders, Swain, Atkins NOES: Councilmen -None Pam Passamano expressed her appreciation to Planning Director; Shaw for his time and courtesy extended to her in his explana- tion which helped her to understand tonight's proceedings. She inquired further of Council now that the ordinance has been passed, did that mean that the book store was permanently, closed. City Attorney Martin responded that they were closed as far as building ordinances were concerned, but the possibility; remains that they may choose to challenge the zoning ordinances through our courts which can be a lengthy process. Councilman Swain asked City Attorney Martin once they meet the, building code requirements and challenge us in court, could they remain open in the interim. City Attorney Martin stated the following could take place: the City would ask for an injunction; the video store would proba- bly seek a restraining order against us; although our ordi- nances are valid, there is a chance they can open depending on; the courts; no matter what the lower court decides, there is always an appeal to a higher court; if they walked in with a restraining order before a favorable judge, they could open and we could not stop them. Bob Pitts, 5312 Degas, asked now that the urgency ordinance has been adopted does it apply to all other video stores in they City some of which he felt do sell objectionable materials. Mayor Atkins stated it would apply to any video store selling "adult movies" if they fit the description of an adult business as it is defined. 1 Council Minutes, September 16, 1986 - Page 7 Marvin Unfried, 9468 Daines, expressed his concern and felt no compromises should be made, nor loop holes allowed in dealing with such an issue and would like to see a change in the values of the city. Larry Spence, 9429 E. Longden, commended the Council on their decisions in adopting the additional regulations and expressed his support. He referred to the El Cid case when he was a resident of Alhambra and felt this may also be a long fight. Sara Lehine, Vernon Brothers Pharmacy, expressed her concern that, unfortunately, the more opposition and adverse publicity the book store receives, the better their business is as was exhibited in the El Cid case. Councilman Swain stated the El Cid case dragged on several years but maintained a lot of public support and hoped our residents give their support if the need arose. City Attorney Martin stated although no one knows what is going to happen, he would like to have Council authorization should the need arise prior to the next Council meeting for him to hire special counsel if necessary. Councilman Gillanders moved to authorize the necessary expendi- tures for special counsel if necessary, seconded by Councilman Swain and unanimously carried. CONSENT CALENDAR ITEM 5. D (2) CLARIFICATION OF AMBIGUITY TO ALLOW A TANNING SALON IN CONJUNCTION WITH A SPORTSWEAR CLOTHING /BOUTIQUE STORE IN THE C -1 ZONE City Manager Koski presented background information station stating the Planning Commission at their September 9th meeting approved and recommended that the Council approve a clarification of ambiguity to allow a Tanning Salon in conjunction with Sportswear Clothing or other athletic oriented business in the C -1 zone. The Commission found the Tanning Salon to be an incident use to the proposed clothing store. Staff felt that the tanning salon falls into a personal service category along with beauticians, barbers, etc, and if the Commission's recommendations are approved other personal service businesses will want to be considered for the C -1 zone. Joan Peoples, representing the applicant, stated the tanning booths are in the center of the business out in plain sight with parti- tions, locked doors and no windows. The customer would be assured of complete privacy. Councilman Froehle asked what percentage of the business would be clothing versus the tanning salon. Was the intended business going to be a retail clothing store and as a side service provide a tanning salon, or is it going to be a tanning salon and to be able to operate the business in the C -1 zone, offer clothing for sale. Steve Hunter, 3212 Tannencrest, Duarte, one of the applicants reas- sured Council that the sportswear /clothing boutique store comprises approximately 80% of the business and a tanning salon would be about 20 %. The tanning booths are approximately 7 x 8 feet with one person allowed in the room at one time. All rooms are moni- tored and machines turned off and on by the front desk. Councilman Swain stated she was disturbed at the audience's atti- tude which on one issue derided Council for not investigating the applicant for a business license and on the other side of the coin was ridiculing Council because we are investigating the applicant. c;; ;f1 9 8 Council Minutes, September 16, 1986 - Page 8 This put Council in an untenable position. She stated further that a tanning salon has not been a permitted use in the C -1 zone, how- ever, had no objection to it, but would like to see it stand alone on its own merit with a conditional use permit and not as an ad- junct to another business. Councilman Dennis stated although he has the utmost respect for the Hunters, he did have concern that they could decide in the near future that they did not want to continue the business. In that event, once the business is in, and approved by Council, it is extremely difficult, if not almost impossible to remove any future applicant even if they were not acceptable. Mayor Atkins stated he had no problem with a. tanning salon but rather with the personal service concept in the C -1 zone. Councilman Gillanders voiced his objection to the piece meal prece- dent which would be set in the C -1 zone. He was not opposed to the business but "once the door is open what else can go through it." Rick Conrad, 9600 Las Tunas, stated this appeared to be the adult business vs. the tanning salon. The adult business is not allowed because it did not get the proper permits and were secretive about the entire business use. On the other hand the Hunters are being open trying to bring in a good quality business to the city. He can understand Council's concerns about spot zoning and the need for consistency. However, on the other hand we do have a business district which has a lot of vacancies. We do not know how many good quality businesses we have turned away which have gone to the surrounding cities and are flourishing. Councilman Swain stated she would be in favor of a tanning salon as a separate use with a conditional use permit and specific stan- dards. One concern is that the tanning booths should remain un- locked so that a person from the outside could have access to the booth in case of an emergency. Councilman Dennis stated the Downtown Revitalization Committee has been studying uses in the C -1 and C -1 -R zones and it appeared that one of their recommendations would be to liberalize the uses within' those zones. Councilman Swain moved to allow a tanning salon to be a permitted use in the C -1 zone with a Conditional Use Permit and specific standards for tanning salons, seconded by Mayor Atkins and carried on a roll call vote. ROLL CALL: AYES: Councilmen- Dennis, Froehle, Gillanders, Atkins NOES: Councilmen - Gillanders City Attorney Martin stated allowing a tanning salon to stand alone', as a permitted use does require the adoption of an ordinance and for a conditional use permit. This procedure normally takes approximately 120 to 150 days. He asked Council if they wished to do anything in the interim if the applicant assumes the risk and holds the City harmless in the event there is a change of, vote by the time the ordinance and CUP procedure would become effective. Responding to Council inquiry, Mr. Hunter wished to have time to consider the risk of proceeding with the business under a hold - harmless agreement. Council Minutes, September 16, 1986 - Page 9 1 1 IECESS TO CRA: Councilman Swain moved to allow the applicant to proceed with the progress on his business if he wishes to assume the risk and hold the City harmless while the process of the CUP and ordinance proce- dures are taking place, seconded by Councilman Froehle and unani- mously carried. 8. COMMUNICATIONS: None. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Mary Manning, 5728 Golden West, stated she agreed with Councilman Swain concerning the necessity of a conditional use permit with tanning salons, but wanted to know once it is there who will be policing the situation to make sure they are adhering to the condi- tional use permit. Councilman Swain stated enforcement was a combination effort; if the citizens observe something, they should bring it to the atten- tion of staff, Council, or Sheriff's Department. The City does have one code enforcement officer that covers the entire city, and assistance from the community in this regard would be helpful. Matt Jacobs, 5329 Alessandro, addressed Council in the capacity of President of the Chamber of Commerce. He presented Council with a Vacancy Survey conducted by the Chamber in April and September of 1986 listing vacancies in both the C -1 and C -1 -R zones. He stated there will be a meeting of the Zoning Committee in the Community Room, on September 30, at 7:30 p.m. for everyone interested in attending, especially merchants and business owners in the C -1, and C -1 -R zones. Penny Graham, Graham Music, requested a clarification on the dis- cussion of the ordinance that was passed with reference to fitting rooms. City Manager Koski responded that the standards applied only to adult business and did not affect the teaching rooms in the music store. Joan Peoples, stated as a realtor she has been trying to list businesses and had to turn away many people because the use was not exactly in conformance with the Code and, therefore, not allowed in the C -1 zone. She felt times were changing and Council should review the Zoning requirements. Council responded informing Mrs. Peoples that a review of the general plan is underway; they do want the input of the business people; it is time to update, but it all takes time. Al Lehine, 9579 Las Tunas, stated they are now in the process of putting in a fitting room for surgical supplies which will have to be closed to allow customers to be fitted for orthopedic devices, and inquired if the new ordinance would affect him. He was assured that it would not. At this time Council recessed to meet as the Community Redevelopment Agency; approved the minutes of their regular meeting of September 2, 1986; approved the fiscal 1986 -87 budget; and approved warrants and demands. The minutes are set forth in full the records of the Agency. 286 Council Minutes, September 16, 1986 - Page 10 RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: None. 11. MATTERS FROM CITY OFFICIALS: A. ENDORSEMENT OF DISTRICT ATTORNEY'S PROGRAM REGARDING STREET DRUG DEALERS Councilman Swain stated she attended the meeting, representing the Mayor, in Monterey Park where the Assistant District Attor- ney presented this program and asked for the help of the cities within this court district which is Alhambra, San Gabriel, Temple City and Monterey Park. A program by the District Attorney against street drug dealers was presented along with the proposed crackdown and plan of action. Councilman Swain further stated that this is one of the most vital problems facing us today in this area. Councilmembers strongly concurred. Councilman Gillanders moved to adopt Resolution No. 86 -2664 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ENDORSING THE DISTRICT ATTORNEY'S PROGRAM AGAINST STREET DRUG DEALERS, seconded by Councilman Swain and unanimously carried.) B. TEMPLE CITY SENIOR CITIZENS CLUB - DONATION - COFFEE URNS City Manager Koski read the letter from the Senior Citizens Club donating three coffee urns to the City. The urns will be effectively used by the Parks & Recreation Department for special events. Councilman Gillanders moved to accept with appreciation the Senior Citizens Club donation, seconded by Councilman Swain and unanimously carried. C. STATUS OF THE EXCHANGE OF PROP A FUNDS Responding to inquiry by Councilman Dennis, City Manager Koski stated the approval of the funds has been approved by LACTAC and we are communicating with the City of Commerce regarding the exchange of checks which is anticipated this week. D. DOWNTOWN REVITALIZATION Councilman Dennis stated he would like Council to proceed with one of the recommendations of the Revitalization Committee for beautification of landscaping and trees originating at the Rosemead /Las Tunas entrance area and, continuing into the Down- town Revitalization area. Staff was directed to proceed and obtain proposals from appro- priate landscape firms 12. ADJOURNMENT: On motion by Councilman Froehle, seconded by Councilman Dennis the meeting of the City Council adjourned at 9:55 p.m. The next regu -I lar meeting of the City Council will be held on Tuesday, October 7,' 1986. ATTEST: Chief Deputy Cit Cterk