HomeMy Public PortalAboutCity Council_Minutes_1986-12-02_Regular 1986CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
DECEMBER 2, 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, December 2, 1986.
2. The invocation was given by City Manager Koski
3. The Pledge of Allegiance to the Flag was led by Mayor At-
kins.
4. ROLL CALL:
Present: Councilmen- Dennis ,Froehle,Gillanders,Swain,
Atkins
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin,
Planning Associate Saldana, Parks and Recrea-
tion Director Kobett, Public Works Coordina-
tor Peterson and Julie Estrada of the Temple
City Times
5. CONSENT CALENDAR:
Councilman Froehle requested that items C. and D. be removed
from the Consent Calendar for further discussion.
Councilman Gillanders moved to approve the remaining items
on the Consent Calendar as recommended, seconded by Council-
man Swain and unanimously carried.
A. APPROVAL OF MINUTES - Regular Meeting of November 18,
1986
B. RECOMMENDATION FROM PARKS AND RECREATION COMMISSION
MEETING OF NOVEMBER 19, 1986 - CALIFORNIA PARKLANDS ACT
OF 1986
Council adopted Resolution No. 86 -2681, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING
THE APPLICATION FOR GRANT FUNDS UNDER THE COMMUNITY
PARKLANDS ACT OF 1986 FOR TEMPLE CITY PARK PROJECT.
E. APPROVAL OF PLANS AND SPECIFICATIONS FOR WIDENING OF
ALESSANDRO AND INSTALLATION OF CURBS AND GUTTERS ON EAST
SIDE
Council approved the plans and specifications for the
project and authorized staff to seek bids.
F. FIESTA FLOAT ROSE PARADE CONVOY
Council approved the annual request of Fiesta Floats for
traffic precaution services to be in effect by December
26.
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Council Minutes, December 2, 1986 - Page 2
G. NEW CARPETING FOR CIVIC CENTER BUILDING OFFICE AREAS
Council approved the installation of carpeting in the
remainder of the Civic Center for a total cost of
$6,748.24, which will include the tax and furniture
moving; authorized the City Manager to sign; and appro-
priated additional funds in the amount of $4,048.24 and
amended the adopted budget accordingly.
H. PLANNING COMMISSION ACTION
Council received and filed the memo from the Planning
Commission outlining action taken at the Commission's
meeting of November 25.
I. RESOLUTION NO. 86 -2682: EMPLOYMENT OF PERSONNEL
Council adopted Resolution No. 86 -2682 appointing budg-
eted personnel.
J. RESOLUTION NO. 86 -2683: WARRANTS AND DEMANDS
Council adopted Resolution No. 86 -2683 authorizing the
payment of bills
C. REMOVAL OF STRAIN POLES FROM LAS TUNAS MEDIAN STRIP
Councilman Froehle questioned the purpose of the strain
poles and if their removal would pose a safety hazard.
Public Works Coordinator Peterson responded that the
poles serve no purpose other than to hang banners on.
Councilman Froehle moved to authorize staff to proceed
with the removal of the median strain poles and cables
located on Las Tunas Drive at Muscatel, Reno and just
west of Sultana after the holiday decorations have been
removed, seconded by Councilman Gillanders and unani-
mously carried.
D. ACCEPTANCE OF PROPOSAL AND AWARD OF CONTRACT FOR PROFES-
SIONAL SERVICES - TRAFFIC SIGNAL SYSTEM IMPROVEMENTS
Councilman Froehle expressed concern with the fact that
the bid from Herman Kimmel & Associates for their pro-
fessional services was considerably less than the other
two bidders. Councilman Froehle asked if the contractor
was aware of all the work involved and wondered if staff
had discussed this with Kimmel.
Public Works Coordinator Peterson stated that it was his
opinion that Kimmel's was a reasonable bid and the other
two were out of range.
City Manager Koski advised Councilmembers that the City
staff will review the project requirements with Kimmel
to ensure that the contractor is aware of the scope of
the job.
Councilman Gillanders moved to award the contract for
professional services to Herman Kimmel & Associates in
the amount of $12,600; and authorized the Mayor and City
Clerk to sign, seconded by Councilman Froehle and unani-
mously carried.
Council Minutes, December 2, 1986 - Page 3
6. UNFINISHED BUSINESS:
A. APPEAL OF PLANNING COMMISSION ACTION - UNIQUE FINANCIAL
GROUP (CONTINUED FROM MEETING OF NOVEMBER 18)
City Manager Koski advised that correspondence had been
received today from the Chamber of Commerce requesting
the Council to delay on the decision regarding allowing
a financial institution in the C -1 zone until the Cham-
ber's Subcommittee on Zoning has completed their study
of uses in the C -1 and C -1 -R zones, which is anticipated
to be ready about the 20th of January.
The applicant, Mr. Sho Tay, was in the audience but did
not wish to address the Council on the matter.
Councilman Gillanders stated that he would not be in
favor of allowing the type of use requested in the C -1
zone since it is not a permitted use, and saw no benefit
in delaying a decision on the request.
Councilman Dennis said that he would be in favor of
allowing this use in the C -1 zone. He would prefer to
make the decision based on the input of the Redevelop-
ment Subcommittee and would, therefore, prefer to delay
the decision rather than deny the request. It was
Councilman Dennis's opinion that Unique Financial Group
is not significantly different from a commercial bank or
a savings and loan.
Councilman Swain stated that denying the request is, in
effect, the same thing as if the Council delayed action.
If at a later time the City allows this type of institu-
tion, Mr. Sho Tay at that time could reapply.
Councilman Froehle felt that by making a decision this
evening the Council was extending the applicant a cour-
tesy in order that he may make an alternate business
decision. Based on the City's current zoning, he would
have to deny the request.
Councilman Swain moved to deny the appeal of the deci-
sion of the Planning Commission, seconded by Councilman
Gillanders and unanimously carried.
7. NEW BUSINESS:
A. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION ACTION ON
MODIFICATION OF CONDITIONAL USE PERMIT 76 -496 - 9803 LAS
TUNAS DRIVE; APPLICANT /OWNER: CARL KARCHER ENTERPRISES,
INC.
City Manager Koski provided background information
stating that on October 28 the Planning Commission held
a public hearing and denied a request for modification
of a Conditional Use Permit for a drive -thru at 9803 Las
Tunas Drive. On November 3 the City Clerk's Office
received a request for appeal from Mr. Chuck McBurney,
representing the owner. Denial by the Commission was
based on the facts that: the site for the proposed use
is not adequate in size, shape, topography and circum-
stances; the site does not have sufficient ingress and
egress from the site to the adjacent streets; and the
proposed use will have an adverse effect upon the use,
enjoyment or valuation of adjacent property or upon the
public welfare.
Mayor Atkins declared the public hearing open and in-
vited anyone wishing to speak to come forward.
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Council Minutes, December 2, 1986 - Page 4
Chuck McBurney, representing the owner, Carl Karcher
Enterprises, 1200 North Harbor Boulevard, Anaheim,
responded to the reasons for the Commission's denial,
stating that the company feels the site is very adequate
in size and shape; the ingress and egress to the site is
adequate, one being 132 feet in width and the other 133
feet in width, with no problems being experienced with
the driveways over the years; and that there will be no
adverse effect to neighbors with the modification. The
request for the modification is being made because of
customers' requests for this type of service. Drive -
thru's are especially convenient for the elderly and
handicapped.
As no one else wished to address Council on the matter,
Councilman Froehle moved to close the public hearing,
seconded by Councilman Swain and unanimously carried.
Councilman Gillanders moved to include all prior docu-
mentation and Minutes of the Planning Commission meeting
as part of the record, seconded by Councilman Swain and
unanimously carried.
Councilman Swain had no concern over the hazard to
pedestrian traffic since the cars would be moving very
slowly into traffic on Las Tunas, but she was concerned
about drivers attempting to make a left hand turn from
the driveway.
Councilman Dennis moved to reverse the decision of the
Planning Commission and grant a Modification of Condi-
tional Use Permit to Carl Karcher Enterprises, Inc. to
permit drive -thru related improvements to the existing
fast food restaurant with a condition that a "right hand
turn only" sign be posted at the Las Tunas exit, sec-
onded by Councilman Gillanders and unanimously carried.
B. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION ACTION ON
CONDITIONAL USE PERMIT 86 -797 - 5318 -22 ROSEMEAD BOULE-
VARD; APPLICANT: JACK WOOD, TRIAD DESIGN ASSOCIATION
Mayor Atkins stated that correspondence has been re-
ceived requesting that the Council withdraw the appeal
of the decision of the Planning Commission from the
Agenda. It was Mayor Atkins' understanding that once
Council has received an appeal they have the right to
review and modify any condition in the CUP. City Attor-
ney Martin concurred.
Discussion followed regarding various conditions which
might be added to the CUP.
Council did not consent to the withdrawal of the appeal;
and Councilman Gillanders moved to continue the public
hearing to the meeting of December 16 in order to allow
the applicant or his representative to be a part of the
public hearing, and instructed staff to research how
many times a room may be rented in a day, seconded by
Councilman Froehle and unanimously carried.
8. COMMUNICATIONS:
A. APPLICATION FOR CHRISTMAS TREE LOT - NORTHWEST CORNER OF
ROSEMEAD AND LONGDEN; APPLICANT: SCOTT F. ROSS
City Manager Koski advised that an application for a
Christmas tree lot has been received from Scott F. Ross,
who had contracted with GVD Commercial Properties to
rent a portion of the southwest corner of the parking
lot at the intersection of Longden and Rosemead. Mr.
Ross was unaware of the November 1 deadline for applica-
tions for Christmas tree lots and only last week came
into City Hall to apply for a business license. Mr.
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Council Minutes, December 2, 1986 - Page 5
Koski further went on to advise the Council that the
other Christmas tree permitees are protesting the appli-
cation of Mr. Scott since they made commitments for
their ventures based on the competition.
Randy Ross, 529 Steinauer Road, Roseberg, Oregon, stated
that the Ross family is requesting a business license to
sell Christmas trees at the subject location as negotia-
tions between the Scotts and GVD Properties for the
purpose of selling Christmas trees were conducted in
September. They were unaware of any deadline for appli-
cations to sell Christmas trees, and request that an
exception be made for their application as they have
invested approximately $15,000.
Councilman Dennis said that he had no problem from the
standpoint of the competition to the others who had
their applications in by the November 1 deadline; how-
ever, feels that filing deadlines should be adhered to
at all times.
Councilman Froehle concurred with Councilman Dennis,
stating that it would be poor City policy to deviate
from deadlines.
Mayor Atkins advised Mr. Ross that in years past adher-
ence to deadlines has been a problem and and that, by
adhering to stated deadlines, the City has found fewer
problems with which to contend.
Councilman Dennis moved to deny the request for a
Christmas Tree Lot Permit for Scott's Trees as the
deadline for applications had passed, seconded by Coun-
cilman Froehle and unanimously carried.
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Lt. Tom Johnston, Temple Station, advised Council that he
will no longer be the Watch Commander at Temple Station as
his new position is that of Operations Lieutenant. He in-
troduced the new Temple Station Watch Commander, Tony
Torres.
Mayor Atkins welcomed Lt. Torres to Temple City and extended
his good wishes for success to Lt. Johnston in his new as-
signment.
Don Platzer, 5328 North Rosemead Boulevard, stated that he
came to the Council meeting this evening to hear what the
members of the Council had to say on item 7. B. Mr. Platzer
lives next door to the proposed motel and was opposed to the
building as it is his opinion that this type of business
would bring crime and vise to the City. He has requested
that an 8 -foot fence be built between his home and the pro-
posed motel before work is done on the property.
Mayor Atkins advised Mr. Platzer that a public hearing will
be held to review matters concerning the CUP at 5318 -22
Rosemead Boulevard on the 16th of December and invited him
to attend the meeting.
Danette Marauviov, Commissioner of Pep, Temple City High
School, advised Council that the Rams are so far undefeated
in the season and invited members of the Council to come to
Friday night's game against Burroughs at Temple City High.
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Council Minutes, December 2, 1986 - Page 6
RECESS TO CRA:
At this time Council recessed to meet as the. Temple City
Community Redevelopment Agency; approved the Minutes of
their regular meeting of November 18; adopted Resolution No.
CRA 288: Proposed Amendment to Redevelopment Plan for
Rosemead Boulevard Redevelopment Project; and adopted Reso-
lution No. CRA 287: Warrants and Demands in the amount of
$746.93.
10. ACTION ON REQUEST BY CRA:'
A. PROPOSED ORDINANCE AMENDING THE REDEVELOPMENT PLAN
City Manager Koski stated that the Temple City Community
Redevelopment Agency approved an amendment to the Rede-
velopment Plan for the Rosemead Boulevard Redevelopment
Project pursuant to Section 33333.4 of the Health and
Safety Code. The code requires that redevelopment plans
adopted prior to October 1, 1976 be amended to add
limitations on indebtedness to be repaid from tax incre-
ment and a limit not to exceed 12 years to acquire real
property by condemnation. This amendment is to be
adopted by the Coucil prior to December 31, 1986.
City Attorney Martin introduced for first reading by
title only Ordinance No. 86 -598, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY, APPROVING AND
ADOPTING THE FIRST AMENDMENT TO THE REDEVELOPMENT PLAN
FOR THE ROSEMEAD BOULEVARD REDEVELOPMENT PROJECT.
Councilman Gillanders moved to waive further reading,
seconded by Councilman Swain and unanimously carried.
11. MATTERS FROM CITY OFFICIALS:
A. SUMMARY OF AMENDMENTS TO BROWN ACT
City Attorney Martin explained to Council that the
amendment to the Brown Act was a result of the City of
Los Angeles acting on an item which was not listed on
their Agenda. As of January 1, 1987, no action may be
taken by a governing body if the item does not appear on
their Agenda. The Agenda must be posted 72 hours in
advance of every regular meeting and 5 days in advance
for adjourned meetings. The Council may consider non -
Agenda items and oral communications if: (1) there is
work stoppage or a disaster, which would require a
majority vote; and (2) the need to take action on the
non - agenda item is required because the need to act
arose after the posting of the agenda (requires a two -
thirds vote or by a unanimous vote if less than two -
thirds but more than a quorum of its members are pres-
ent).
B. A & G BOOKS AND VIDEOS VS. CITY OF TEMPLE CITY
City Attorney Martin reported on the status of the
subject litigation, advising Council that the Prelimi-
nary Injunction Hearing which was set for December 5 has
been continued at the request of the applicant to Decem-
ber 19. The Temporary Restraining Order will remain in
effect during the two -week extension.
C. COUNTY SANITATION DISTRICT MEETING
Councilman Swain advised that she had attend the County
Sanitation District Meeting last week and wanted to
advise Councilmembers that the Commerce Waste -to- Energy
facility was ready to open. The District has offered to
give tours to Councilmembers and City employees. She
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Council Minutes, December 2, 1986 - Page 7
also wanted to apprise the Council of a letter from Pete
Schabarum's Office which was a part of the Agenda packet
for the Sanitation District meeting advising that 60% of
the trash generated in Los Angeles County about 25 tons
per day is currently sent to the East San Gabriel Val-
ley, which is four times the amount that the Valley
generates.
D. PERSONNEL ACTION
Councilman Gillanders moved to approve the recommenda-
tion contained in a memo to the City Council dated
November 26, increasing the salary range of the Assis-
tant to the City Manager from 54.0 to 56.5 effective
January 1, 1987, seconded by Councilman Swain and unani-
mously carried.
12. ADJOURNMENT:
On motion by Councilman Gillanders, seconded by Councilman
Swain, the meeting of the City Council adjourned at 8:55
p.m. The next regular meeting of the City Council will be
held on Tuesday, December 16.
ATTEST:
Chief D puty Ci Clerk
MAYOR
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