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HomeMy Public PortalAboutCity Council_Minutes_1982-12-07_Regular 1982CITY OF TEMPLE CITY CITY COUNCIL MINUTES DECEMBER 7, 1982 INITIATION: CALL TO ORDER: Mayor Tyrell called the regular meeting of the City Council to order at 7:30 p. m. on Tuesday, December 7, 1982, in the Council Chamber of the City Hall. 2. The invocation was given by Dr. Douglas Beyer, First Baptist Church of Temple,City, 6019 N. Baldwin Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell. 4. ROLL CALL: Present: Councilmen- Atkins, Dennis, Gillanders, Swain, Tyrell Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Kimbrough, Planning Director Shaw, and Parks and Recreation Director Kobett At this time, Mayor Tyrell presented a Certificate of Recognition to Miss Bettie England who exemplifies neighborhood involvement by providing assis- tance to law enforcement. 5. CONSENT CALENDAR: Councilman Swain requested Item B -1 be removed from the Consent Calendar, and Councilman Dennis requested the removal of B -2 and D -2. Councilman Atkins moved to approve Item A, C, D -1 and D -3 through N on the Consent Calendar as recommended, seconded by Councilman Gillanders and carried. A. APPROVAL OF MINUTES - Regular Meeting of November 16, 1982 Approved as written. C. PLANNING COMMISSION ACTION: Meeting of November 23, 1982 Received and filed memo relating to action taken by the Planning Commission at their regular meeting held November 23, 1982. D. RECOMMENDATIONS FROM TRAFFIC COMMISSION - Meeting of December 1 (1) TRAFFIC CONTROL DEVICES - EDWARDS THEATRE DEVELOPMENT Approved recommendation for traffic control devices to provide for an orderly movement of vehicles in and out of the parking lot and onto the surrounding streets, as set forth in staff memo dated December 2, 1982, and on file in the City Clerk's office. (3) LEMON AVENUE, WESTERLY OF TEMPLE CITY BOULEVARD - PASSENGER LOADING ZONE AT HIGH SCHOOL Approved a 60 -foot passenger loading zone on the north side of Lemon Avenue west of Temple City Boulevard. (4) OAK,AVENUE - EMPEROR TO LEMON AVENUE, PARKING RESTRICTION Approved no parking signs from 2 to 3 p.m. on school days only be placed on the west side of Oak Avenue north of Emperor Avenue to Lemon Avenue. Council Minutes, December 7, 1982 - Page 2 E. ACCEPTANCE OF BIDS: STREET NAME SIGN HARDWARE Waived bid irregularity and accepted the low bid from Western Highway in the amount of $3,492. for mounting hardware; and accepted the low bid from Traffic Operations in the amount of $1,488. for sign posts. F. ACCEPTANCE OF WORK: LIVE OAK PARK BALLWALL - URBAN OPEN SPACE AND RECREATION PROGRAM GRANT Accepted the work completed and authorized payment in the amount of $13,464; filing of Notice of Completion and release of the 10% retention at the end of the 35 -day lien period. G. CHIP SEAL PROJECT - PROGRESS PAYMENT Authorized payment to D & D Asphalt Paving Company for work performed pursuant to agreement in the amount of $36,857.64. H. STREET LIGHTING CONVERSION PROJECT: LAS TUNAS DRIVE - FOUR SIMON, INC. PROGRESS PAYMENT Authorized payment to Four Simon, Inc. in the amount of $39,441 and billing S.L.C. Construction for extra work on street lights at the theatre site. I. CURB ADDRESS PROJECT - OLYMPIA SALES - PROGRESS PAYMENT Authorized progress payment in the amount of $1,744.40 for work completed satisfactorily. J. APPROVE CITY POLICY ON ASSISTANCE TO PROPERTY OWNERS CHAPTER 27 PROCEEDINGS - CURB AND GUTTER Approved a policy of the property owner paying 50% of the unit cost for curb and gutter to a maximum of $5.00, and City paying 50 %. K. APPROVAL OF WATER SYSTEM - TRACT NO. 37830 - 6004 -18 ROSEMEAD BOULEVARD 1 Found the work completed as required by Subdivision Water System Agreement, released the agreement between City and subdivider, and released surety bond in the amount of $18,000. L. TRANSPORTATION SERVICES FOR THE ELDERLY AND HANDICAPPED Approved agreement from January 1, 1983 to June 30, 1983 and authorized Mayor and City Clerk to sign and authorized application with Los Angeles County Transportation Commission for additional appropriation to meet the six month budget. M. CLAIMS FOR DAMAGES: 1) Charlotte Pietz 3) Julian Freeman 2) Charlene Pietz 4) Dolly & Aubrey Teters Received claims for damages and denied and referred to JPIA. N. RESOLUTION NO. 82 -2123: WARRANTS AND DEMANDS Adopted Resolution No. 82 -2123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $236,588. , DEMAND NOS. 4914 THRU 4987. CONSENT CALENDAR ITEM B(1) - REQUEST FOR ASSISTANCE TO IMPROVE BASEBALL FACILITIES - TEMPLE CITY PONY BASEBALL Councilman Swain stated if Council is going to consider approving the expenditure of funds for two bleachers she feels the concrete area is necessary and the City could provide the funds for concrete with the baseball association providing the manpower. In answer to question from Council, Parks and Creation Director Vic Kobett stated the Pony league had indicated that if they received financial assistance, they would provide the labor. Council Minutes, December 7, 1982 - Page 3 Mr. Richard Krieb, 9501 Camino Real, stated the Pony league has two concrete contractors who will supervise the manpower to install the concrete areas, and that the league will also provide the tools to do the job Councilman Dennis moved to approve the purchase of two 15' 5 -row bleachers and provide financial aid for the concrete for a total cost of $4,096, subject to the approval of the school district, seconded by Councilman Swain and carried. ITEM B(2) - REQUEST FOR RESERVED USE OF TENNIS COURTS - TEMPLE CITY TENNIS CLUB Councilman Dennis inquired as to the reason the Parks and Recreation Commission did not approve the Tennis Club's request for reserved use of the tennis court for a mixer on Halloween. Parks and Recreation Director Kobett explained the Commission wanted to limit the reserved use to the level of the previous year and the tennis club indicated the denial of that particular use was not significant. Councilman Gillanders moved to approve the recommendation of the Parks and Recreation Commission set forth in memo dated November 18, seconded by Councilman Dennis and carried. ITEM D(2) - SEVAN LOUNGE,' 9669 LAS TUNAS 'DRIVE - PASSENGER LOADING ZONE Councilman Dennis stated he has concern about valet parking. In his opinion, when people request their automobile to leave the valet will use the rear door for quick access to the parking lot. He inquired whether the owner had requested a lift of that restriction. City Manager stated the conditional use permit spells out that there will be no use of the rear door. Councilman Gillanders stated to the best of his knowledge they have no private property in the front and asked the City Attorney if the city permitted a designated loading zone whether the city would incur liability. City Attorney Martin stated it would put the City in partnership with the business. Mayor Tyrell stated that generally when valet parking is provided, the valet transports vehicles to the rear of the business and on private property of the business. Councilman Swain stated she is in agreement with the comments made by other Councilmembers. Councilman Atkins shared Council's concern and particularly expressed concern that they may utilize the parking lot across the street creat- ing a hazard for east and west bound traffic on Las Tunas Drive. Councilman Dennis moved to deny the Traffic Commission recommendation that a passenger loading zone be placed on the north side of Las Tunas Drive west of Kauffman Avenue, seconded by Councilman Swain and carried. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: 7 :30 p.m. APPEAL FROM PLANNING COMMISSION APPROVAL FOR CONDITIONAL USE PERMIT AND VARIANCE - SANTA ANITA CONVALESCENT HOSPITAL City Manager Koski presented background information, stating Planning Commission held a public hearing November 9, certified the Environ- mental Impact Report and approved a conditional use permit to allow a 99 -bed expansion to the existing convalescent hospital and a zone variance to allow a reduction in the required number of parking spaces. City Council, at their regular meeting held November 16, 1982, appealed the Planning Commission on behalf of 44 petitioners on four counts; a) density, b) whether proposed parking is adequate, c) whether the 26 foot setback adjacent to the easterly property line is adequate, and d) parking and related congestion on Gracewood'Avenue. Public hearing on the appeal was set for December 7, 1982. Council Minutes, December 7, 1982 - Page 4 Councilman Atkins moved to make the Planning Commission minutes a part of the Council record, seconded by Councilman Gillanders and carried. Planning Director Shaw gave staff report by means of video tape which showed the existing facility, including the parking site and laundry facilities, as it relates to the immediate residential neighborhood and surrounding streets. Mr. Shaw reviewed Plan "C" and discussed parking, setbacks, density, open space, landscaping and emergency procedures. Mayor Tyrell declared the public hearing open and invited anyone wishing to speak for the conditional use permit and variance to come forward. Mr. Frank Schrader, Administrator for Santa Anita Convalescent Hospital, gave a history of their application, stating in April 1982 they sub- mitted an application for an additional 145 beds; were advised in May an Environmental Impact Report would be required; received a copy of the draft EIR in September and notified hearing would be October 12; hearing postponed to November because of a problem in notifying property owners. Prior to the November 9 hearing, he met with staff and complied with all concerns of staff; that is, changed the 22 foot setback to 26 feet; reduced request from 145 beds to 99. Mr. Schrader stated they have complied with all recommendations from staff and Planning Commission and feel the additional facility will be in demand within a few years; however, the increase in staff needed will not increase traffic by much. Mr. George Kirkpatrick, Architect, 844 Colorado Boulevard, Los Angeles, spoke to a question from Councilman Gillanders whether any consideration had been given to noise screening on the east side of the premises, stating there are materials which can be applied to the walls. In answer to Councilman Gillanders question whether they had considered Cypress trees to screen noise and light, Mr. Kirkpatrick stated they could do that however they would need additional setback to accommodat the landscaping. In answer to Mayor Tyrell's question about the new addition sticking out into the right -of -way, Mr. Schrader stated that was the length needed for a 99 -bed addition, and that it would not be economically feasible to build the addition the same length of the existing build- ings, since they would lose approximately 20 beds. In opposition John Stacy, 5626 Gracewood Avenue, spoke to the parking situation on Gracewood Avenue, stating he does not know the time of day the video tape was being taken, but he never saw so few cars on Gracewood. It gets really bad around 3 p.m. when the staff shift changes and people are double parked. In answer to Councilman Swain's question whether the traffic has improved since the Planning Commission hearing, Mr. Stacy said, "only a few days ". Councilman Gillanders stated it would appear that the traffic problem is a matter of control over parking rather than adequate parking. Councilman Dennis stated if the majority of the confusion takes place around 3 or 3:30 p.m. it would appear that some could be attributable to the use of the park. John Stacy, 10324 Daines Drive, stated he feels there will be an increase in traffic on Daines Drive. A gate was put across the drive because of problems they were having pulling out onto Daines and he is afraid they will remove the gate because they will need access at all times for fire access. He also feels there will be an impact on the neighborhood watch program because they will not know whether the parked cars are staff or not. Council Minutes, December 7, 1982 - Page 5 Mr. Robert Schneider, 5511 Hallowell, stated he moved there four years ago and since there has been an increase in business activity and noise level. He is bothered personally by roaches, their paging system, and the noise from trash collection each morning. He does not think an emergency vehicle can get into the area if there is a serious emergency by means of a 26 foot corridor. If there is an increase he feels property values will suffer. In answer to question from Councilman Swain, Mr. Schneider stated the rear wall of the hospital grounds is approximately 30 feet from his home. Mr. Dave Steinmeir, 5563 Hallowell Avenue, stated although his property is subjected to long hours of noise and light from the hospital and the park, the park is for the benefit of the community and the hospital is for the benefit of a single party, being a business, and it is his understanding they are attempting to purchase more property which implies additional expansion in the future. He feels the facility is large enough now. Patricia Warren, 5624 Gracewood Avenue, stated she gets a lot of noise from 7 a.m. to 8:15 a.m. and is subject to overhearing abusive language from the gardners. She also is subject to flying objects over the fence into her yard. Mr. Robert Gore, 10166 Daines Drive, stated he objects to the use of the street for parking rather than using the parking lot. Mr. Schrader addressed several issues brought up by those neighbors testifying this evening; 1) no employees are permitted to park on the street since the Planning Commission meeting and the front door is locked until 8 a.m. to avoid staff using it, 2) there are always empty spaces in the parking lot, 3) the gate on Daines Drive was installed to keep children with skateboards and bicycles off the hospital property and it is now being opened on weekends, and 4) there were some complaints a number of years ago regarding the paging system and speakers were removed and since that time no complaints have been received until this evening. In answer to questions from Council, Mr. Schrader stated the facility was the largest of its kind in Southern California, and that although there has been some talk, there is no further expansion proposed at this time. There being no further testimony, Councilman Gillanders moved to close the public hearing, seconded by Councilman Atkins and carried. Councilman Atkins stated the Environmental Impact Report is compre- hensive in some areas and sparse in others. He did not feel the criteria for granting a variance has been met, particularly since he feels the point is fast approaching when the hospital has an adverse effect on the residential property. In his opinion the hospital is now an asset to the community which could become a problem very easily and is as big as it should get. Councilman Gillanders stated that many of the problems are a matter of management but that he has some concerns about 1) the only noise screen being a 6 foot block wall, 2) 26 foot access is not in the best interest of the neighborhood, and 3) he would like to see the Traffic Commission take a look at the southerly exit onto Daines Drive. He would find it, difficult to support a variance based on the present plan. Councilman Swain stated in her opinion the real problem is one of density and she does not feel the proposed expansion and request for variance meets the criteria for permitting a variance. They are not being denied.;a right given to-others. Mrs. Swain feels the hospital has reached a point where it should not be further expanded. Council Minutes, December 7, 1982 - Page 6 Councilman Dennis stated he has sympathy for the neighbors; there was a parking problem which has been alleviated to a great degree by manage- ment; in his opinion the density is not detrimental mainly because of its passive use; the increase of staff by approximately 12 is not significant. As he sees it the hospital is providing a buffer between the residential use and the park and under the variance conditions this is a unique property use. He would be in favor of granting the proposed expansion and reduced parking. Mayor Tyrell stated if the proposed building had the same setback as the other units he would feel more kindly toward the application. He does not feel the criteria for variance, that is its being necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, has been met, and does not understand how the Planning Commission came to their conclusion, it not being substantiated in fact or in law. He would not approve either the conditional use permit or variance. Councilman Atkins moved to deny the Conditional Use Permit and Variance detailed in Planning Commission Resolution No. 82- 103.4PC and grant the appeal, based on an inadequate Environmental Impact Report and having not met the criteria, seconded by Councilman Swain and carried on a roll call vote; ROLL CALL: AYES: Councilmembers- Atkins, Gillanders, Swain, Tyrell NOES: Councilmembers- Dennis 7. NEW BUSINESS: None. 8. COMMUNICATIONS: None. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Lucinda Grant, 5434 El Monte Avenue, stated concern for the older people who stay inside their homes in fear of bullies and also stated the senior citizens are not being taken care of, citing inadequate conditions of the bathroom at Live Oak Park. RECESS TO CRA: At this time, Council recessed to meet as the Community Redevelopment Agency, all members being present, approved the minutes of the regular meeting held November 16, 1982, approved request for a professional build- ing at 5626 Rosemead Boulevard, and adopted resolution approving warrants and demands. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: There was no action to be taken. 11. MATTERS FROM CITY OFFICIALS A. Appeal from Planning Commission denial - CUP 82 -661. Councilman Atkins moved to receive the appeal from Thrifty Drug denial for a conditional use permit to allow an auto parts store within the Thrifty Drug Store on Las Tunas Drive and set public hearing January 4, 1983, seconded by Councilman Gillanders and carried. B. Section 8 Rent Subsidy Program City Manager Koski presented memo to City Council relating to a policy decision whether to participate in the Section 8 Rent Subsidy Program. Councilman Atkins moved to continue the matter to a study session, seconded by Mayor Tyrell and carried. 1 Council Minutes, December 7, 1982 - Page 7 C. City Manager Koski stated the cost to clean up following the recent storm is approximately $6,800. D. Councilman Gillanders stated he had received a letter from the City of Rolling Hills Estate regarding policy decision whether the City Attorney should participate in suits being defended by JPIA and referred the matter to the City Attorney for his comment. E. Mayor Tyrell reminded Council Student Day in Government would be held Monday, December 13, 1982, from 8:15 a.m. to Noon. 12. ADJOURNMENT: On motion by Councilman Swain, seconded by Council Dennis meeting adjourned at 9:50 p.m. Next regular meeting of the City Council will be held Tuesday, December 21, 1982, at 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: