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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. 19 .`.3 4 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. 1F 330 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. 9 328 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. 1 c; 326 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 1 1 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 1 P2