HomeMy Public PortalAboutCity Council_Minutes_1984-02-07_Regular 1984CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
FEBURARY 7, 1984
INITIATION:
1. CALL TO ORDER:
Mayor Cillanders called the regular meeting of the City Council to
order at 7:30 p.m. on Tuesday, February 7, 1984, in the Council
Chamber of the City Hall.
2. The invocation was given by Pastor Albert Frederico, Seventh Day
Adventist Church, 9664 E. Broadway..
3. The Pledge of Allegiancg to the Flag was led by Mayor Gillanders.
4. ROLL CALL:
Present: Councilmen- Atkins, Dennis, Swain, Tyrell, Gillanders
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Parks and
Recreation Director Kobett,Senior Planner Chris
Peterson, and Julie Estrada, Temple City Times
Mayor Gillanders presented a tile plaque to Henry Stegmann, retiring
Traffic Commissioner, stating the plaque represents the best wishes
and appreciation of the entire council and coluuunity for 22 years of
dedicated service to the community. .
5. CONSENT CALENDAR:
Councilman Atkins requested Items C, D and L be removed from the
Consent Calendar; Councilman Tyrell requested Item H be removed
from the Consent Calendar; On motion by Councilman Atkins, sec-
onded by Councilman Dennis all other items on the Consent Calendar
were unanimously approved as recommended.
A. APPROVAL OF MINUTES - Regular meeting of January 17, 1984.
B. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of 1/24/84,
(.1) CLARIFICATION OF AMBIGUITY: RETAIL SALES OF TELEPHONES
AS A PERMITED USE IN THE C -1 -R ZONE
Approved a clarification of ambiguity determining that telephones
answering machines, and accessories be categorized as a house-
hold appliance and, as such, be a permitted use in the C -1 -R
and C -1 zones.
(2) PLANNING COMMISSION ACTION
Received and filed memo relating to action taken by the Planning
Commission at their regular meeting of January 24, 1984.
E. REMOVAL OF STREET TREES - 5100 BLOCK ARDENEL
Authorized the removal of four live tulip trees with replace-
ment of four carrotwood trees.
F. POLICY RE: FEDERAL FUNDING OF EOC CAPITAL IMPROVEMENTS
Approved policy of maintaining EOC for 72 hours readiness and
and not pursue Federal funding for EOC improvements.
G. APPROVAL OF VENDORS ALONG PARADE ROUTE - 40TH ANNUAL CAMELLIA
FESTIVAL
Approved four vendors recommended by the 40th Annual Camellia
Festival for February 25, 1984, subject to required Certificate
of Insurance and all necessary permits.
Council Minutes, February 7, 1984 - Page 2
I. PROPOSED CURB AND GUTTER PROJECT - GRAND AVENUE, SOUTH $IDE,
EL MONTE TO PERSIMMON AVENUE
Set public hearing February 21, 1984, for curb and gutter
street improvements on subject property.
J. REQUEST FOR PARTIAL PAYMENT - RECREATION SYSTEMS, INC.
Authorized partial payment of $6,880.11 to Recreation Systems,
Inc. for professional services rendered.
K. APPEAL OF A DECISION BY THE PLANNING COMMISSION DENYING REQUEST
FOR A MODIFICATION OF CONDITIONAL USE PERMIT AND ZONE VARIANCE
FOR PROPERTY AT SOUTHEAST CORNER OF TEMPLE CITY BOULEVARD AND
LOWER AZUSA ROAD
Set public hearing February 21, 1984, on the appeal of Planning
Commission denial for modification of CUP and Zone Variance.
M. Resolution No. 84 -2232 EMPLOYMENT OF PERSONNEL
Adopted Resolution No. 84 -2232 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL.
N. RESOLUTION NO. 84 -2233 WARRANTS AND DEMANDS.
Adopted Resolution No. 84 -2233 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE
SUM OF $221,419.48 DEMAND NOS. 7086 THRU 7195.
CONSENT CALENDAR ITEM C - APPROVAL OF AGREEMENT: COUNTY OF LOS
ANGELES - TRAFFIC SIGNAL MAINTENANCE
Councilman Atkins requested a clarification regarding the agreement
as he understood the City contracts with a private contractor.
City Manager Koski stated the City does have a private contractor II
for the signals located totally within the City, however, this
agreement pertains to those signals which are shared with the County.
Councilman Atkins moved to approve the Traffic Signal Maintenance
Agreement with the County, seconded by Councilman Tyrell and unani-
mously carried.
CONSENT CALENDAR ITEM D - PROPOSED STREET LIGHT INSTALLATION
STANDARDS
On motion by Councilman Atkins, the proposed Street Light Installa-
tion Standards were held over to a Study Session scheduled for
February 14, 1984, seconded by Councilman Tyrell and unanimously
carried.
CONSENT CALENDAR ITEM H - APPROVAL OF EXCAVATION PERMIT - GROUP W
LOWER AZUSA, AGNES AVENUE TO EASTERLY CITY LIMIT
Group W. Cable,. Inc.. the cable television franchise in the City of
E1 Monte has requested excavation of Temple City Streets to service
El Monte residents.
Councilman Tyrell expressed concern that when streets are excavated
and then patched, the condition of the street is usually not accept
Councilman Tyrell moved to deny the excavation permit for Group W.
Cable, seconded by Councilwoman Swain and unanimously carried.
CONSENT CALENDAR ITEM L - CLAIM FOR DAMAGES: EDWARD WAALER
Councilman Atkins inquired if the condition which caused injury to
the claimant had been repaired. City Manager Koski stated the
subject equipment had been removed.
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Council Minutes, February 7, 1984 - Page 3
Councilman Tyrell moved to refer the claim to JPIA directing them
to settle with .claimant, •seconded by Councilman Atkins, and unani-
mously carried.
6. UNFINISHED BUSINESS:
A. .PUBLIC REHEARING: 7:30 P.M. - APPEAL OF CONDITIONAL USE PERMIT
83 -692 AND ZONE VARIANCE 83 -694, SANTA ANITA CONVALESCENT HOSPI-
TAL AND RETIREMENT CENTER (5522 Gracewood Avenue)
City Manager Koski presented background information stating that
City Council on December 6, 1983, reversed the Planning Commission
decision by a 3:2 vote denying the requests for a conditional use
permit and zone variance to allow a one - story, 50 bed addition to
the Retirement Center. On January 3, 1984, City Council set the
matter for rehearing to this evening pursuant to proposed changes
in the project as submitted by the Santa Anita Convalescent Hospital
Administrator.
Councilman Tyrell moved to include the Planning Commission minutes
and prior hearing of the City Council as part of this hearing,
seconded by Councilman Atkins and unanimously carried.
Mayor Gillanders declared the public hearing open and invited anyone
wishing to speak to come forward.
Frank Schrader, Administrator of Santa Anita Convalescent Hospital
and Retirement Center stated at the last hearing questions were
raised regarding the noise level on the north end of the Retirement
Center and after investigation have found they could reduce the noise
level by 53% by netting all air conditioning units, including the new
rooms, into an energy management system which allows only 6 air con-
ditioning units to run at a given time where presently all 13 could
possibly be on at the same time. The system would be controlled by
a computer which determines which units will run and how long to
keep them on to maintain a constant temperature.
Robert Hinds, 240 N. Mayflower, Monrovia, stated he owns five sepa-
rate houses on Gracewood and all five tenants object to the additions,
not only because of noise from the air conditioners, but the noise of
the service trucks, ambulances, and other vehicles, as well as the
increased traffic the addition would bring to the area. He recog-
nized that Live Oak Park does contribute to the traffic, but that
this addition would also add to it.
John Stacey, 5626 Gracewood, stated that noise was not the only
objection to the addition as he had expressed at the last hearing;
voiced his concern for wandering patients who do not know where
they live; and when free enterprise affects the neighbors, they
either should be compensated for it or it should not be allowed to
happen. Accordingly, Mr. Stacey prepared a petition which states in
essence: 1) The Convalescent Hospital and Retirement Center had
been awarded variances for expansion which benefited the property
depreciation, thus leaving more untaxable income; 2) the facility
is the largest in Southern California nested in a R -1 Zone; 3)
population density exceeds any other R -3 property in Temple City;
4) operates 24 hours a day, 7 days a week, thereby giving no relief
to noise and traffic; 5) neighborhood is plagued with decreased prop-
erty values; and therefore concurrently with considering this present
variance, requests the rezoning of the surrounding properties pro-
portionately to act as a buffer zone.
Mayor Gillanders directed Mr. Stacey to submit his petition to the
Planning Commission for their review and consideration.
John Stacey, 10324 Daines, reiterated his father's concerns and addi-
tionally stated he has five children; the facility is surrounded by
single family residences; emergency vehicles have the right of way;
children in that area would be at greater risk due to additional
traffic; if a business does not expand, it will die; and therefore,
additional expansions will be requested unless they are stopped now.
Council Minutes, February'7, 1984 - Page 4
Robert Grondahl, 5603 Hallowell, has lived here since 1949 when it
was a nice rural area and the convalescent hospital at the corner
was a "sleeping giant" which has now become a "cancer eating into
the neighborhood."
Frank Schrader, responding to the statements regarding growth of the
facility, stated in the late 40s and 50s this hospital had 604 beds
and was an extension of the county hospital handling acute care cases.
Presently this facility is a long way from what the maximum was in
the 40s and 50s. They have taken special note of the noise and most
of the ambulance and fire sirens are not attributable to their facil
ity but come from Baldwin and Live Oak which other emergency vehicle
use. Santa Anita Hospital has had only three emergency vehicles in
the past six months.
Councilman Dennis inquired of staff if all property owners had been
noticed.
Mr. Stacey stated the notice did not contain the hour of the hearing.
City Attorney Martin stated there is a provision if the hour is left
off, it is at the regular hour of the council meeting and therefore
probably could get by legally, but did not like to proceed without
hours.
In view: of the defective notice, Councilman Tyrell moved to con-
tinue the public hearing to February 21 and all affected property
owners to be properly noticed, seconded by Councilman Dennis.
Councilman Atkins strongly objected to the continuance; the addition
was already voted down at a previous hearing; and as he understood
Mr. Martin did not particularly care to leave the time out, but it
was acceptable.
The motion was carried on a Roll Call vote.
ROLL CALL:
AYES: Councilmen- Dennis, Tyrell, Gillanders
NOES: Councilmen- Atkins, Swain
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6 B. CONTINUED PUBLIC HEARING: 7:30 P.M. - APPEAL OF A DECISION BY
THE PLANNING COMMISSION DENYING PORTIONS OF A MODIFICATION OF
CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF ROSEMEAD AND BROADWAY (USA Petroleum)
City Manager Koski presented background information stating on
January 17, 1984, City Council held a public hearing on an appeal
of a decision by the Planning Commission denying portions of a modi-
fication of a CUP to allow the conversion of a cashier's booth to
a plant store and permit a temporary sign. The decision was con-
tinued to this evening when all members of the City Council would
be present. The Planning Commission in denying applicant's request
found that the plant store was inappropriate and not consistent with
standards for gasoline service stations, the site is not adequate in
layout to make the change safe and desirable, the placing of plants
outside of the booth should not be allowed per Section 9392(a) of
the Zoning Code.
Councilman Tyrell moved to include the Planning Commission minutes
and prior hearing of the City Council as part of this hearing,
seconded by Councilman Atkins, and unanimously carried.
Mayor Gillanders declared the public hearing open and invited any-
one wishing to speak to come forward.
Kenn Sorgatz, representing the applicant U.S.A. Petroleum Co. re-
iterated his comments from the previous hearing; felt the proposed
change is consistent with.todays service station standards; site is
adequate and safe; is compatible; will not have adverse effect on
public welfare and only a small number of plants that can be taken ,.
in at night would be involved.
Council Minutes, February 7, 1984; Page 5
There being no one else that came forward to speak, Councilman
Tyrell moved to close public hearing, seconded by Councilman Atkins
and unanimously carried.
Councilman Atkins stated there are precedents around town for move-
able signs; grocery stores and theatres are allowed to have them;
and agreed with the applicant that he is well below his permissible
level of signs, and therefore would not be opposed to it. However
does object to the outdoor display of merchandise unrelated to the
service station and does not see where there is any other precedent
in our community for it, and was opposed to granting the appeal.
Councilman Tyrell was not opposed to the sign; primarily agreed we
cannot regulate all the activities of private enterprises on their
own ground; having flowers may not be compatible but it is not our
prerogative to pass on the wisdom of it. However, he did have concerns
about placing the City in a position of liability.
City Attorney Martin stated if the Council authorizes a public nui-
sance, then the City can be held responsible under the liability
section.
Councilwoman Swain stated her objection would not be with the com-
patibility of what they are selling, but rather that the area is
already congested; there is only one exit from the area; in an
attempt to view the plants. they' would,,have a tendency to go the
wrong way down the one -way alley which is along side the service
station; traffic has caused problems there before; and we would
be setting a precedent for all other florist shops in Temple City
to request the same CUP. Regarding the sign, although there was
some concern regarding maintenance, she would not object to it.
Councilman Dennis stated without laboring the issue he was in favor
of granting the appeal.
Mayor Gillanders did have concern as to setting a precedent, how-
ever, a diversity of business already existed and would be in favor
of granting the appeal on a short run conditional use permit which .
could be reviewed to see that it functioned safely.
Councilman Atkins moved to approve the sign as the applicant has
requested subject to a review in six months by the City regarding
its maintenance, seconded by Councilwoman Swain and unanimously
carried.
Councilman Atkins moved to deny the modification of the Conditional
Use Permit, Case No. 77 -511 to use the booth for the display of out-
side merchandise as it is inconsistent with the Temple City ordinance
in regard to C -3 property, seconded by Councilwoman Swain and carried.
Councilman Tyrell denied the appeal on the basis of the City liability
of the issue. Councilman Dennis and Mayor Gillanders objected to the
motion for denial.
C. PUBLIC HEARING: 7:30 P.M. - PROPOSED AMENDMENT TO THE TEMPLE CITY
ZONING CODE AMENDING THE DEFINITION OF FREE - STANDING SIGNS TO
ALLOW ONLY PERMANENT MONUMENT AND POLE SIGNS
City Manager Koski presented background information stating public
hearing had been set regarding a proposed amendment amending the
definition of free - standing signs to allow only permanent monument
and pole signs, and not allow temporary sandwich board, A -frame and
unattached information signs. Temporary A -frame and unattached in-
formation-signs do not have permits, pose a potential conflict for
pedestrians, and create a cluttered appearance for the City in its
entirety. A Negative Declaration has been filed.
Mayor Gillanders declared the public hearing open and invited any-
one wishing to speak to come forward. There being no one that came
forward to speak, Councilman Tyrell moved to close public hearing,
seconded by Councilman Atkins and unanimously carried.
Council Minutes, February 7, 1984 - Page 6
Councilman Atkins moved to certify the Negative Declaration of En-
vironmental Impact, seconded by Councilwoman Swain and unanimously
carried.
City Attorney Martin introduced Ordinance No. 84 -546 AN
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING
OF THE ZONING CODE RELATING TO FREE - STANDINGS SIGNS for
ing by title. Councilman.Tyreil moved to waive further
seconded by Councilman Atkins and unanimously carried.
D. RECOMMENDATION FROM PARKING COMMISSION - DEVELOPMENT OF PARK AND
RIDE LOTS WITHIN THE DOWNTOWN BUSINESS DISTRICT (Continued from
meeting of January 17, 1984).
Council agreed to hold over action on this item to the Study
Session of February 14, 1984.
7. NEW BUSINESS:
None.
8. COMMUNICATIONS:
None.
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
No one came forward to speak.
RECESS TO CRA:
ORDINANCE
PART X -A
first read -
reading,
At this time, Council recessed to meet as the Community Redevelopment
Agency, approved the minutes of the regular meeting of January 17, 1984,
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. RESIGNATION OF TRAFFIC COMMISSIONER HENRY STEGMANN
Council received resignation of Henry Stegmann effective February
1, 1984. Staff was directed to send a letter of appreciation
accepting his resignation and implement the necessary procedure
to fill the vacancy.
B. CALIFORNIA PARKS AND RECREATION CONFERENCE - SAN DIEGO,
MARCH 9 -12, 1984
Councilman Atkins moved to approve the attendance for Commissioners
Burlingame and Crump and Parks & Recreation Director Kobett to attend
the Annual CPRS Conference in San Diego, March 9 -12; authorized the
necessary expenditures and amended the adopted budget accordingly,
seconded by Councilwoman Swain and unanimously carried.
C. LEAGUE OF CALIFORNIA CITIES - PLANNING COMMISSION INSTITUTE
Councilman Atkins moved to authorize attendance for Planning
Commissioners Abraham and. Stacy to attend the subject institute
in San Diego on February 29 - March 2, 1984; approved the necessary
expenditures and amended the adopted budget accordingly, seconded
by Councilwoman Swain and unanimously carried.
D. OFFER OF DONATION - MADELINE JACOBS
Councilman Atkins moved to accept with appreciation the donation
of $50 from Madeline Jacobs to be used for animal control, seconded
by Councilwoman Swain and unanimously carried.
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Il 12. ADJOURNMENT:
On motion by Councilman Dennis, seconded by Councilman Tyrell, the
meeting adjourned at 8:55 p.m. to a Study Session to be held on
February 14, 1984, 7:30 p.m. in the City Hall. The next regular
meeting of the City Council will be held on February 21, 1984, in
the Council Chamber of the City Hall.
Council Minutes, February 7, 1984 - 'Page 7
E. NEGOTIATIONS WITH THE COUNTY ON REPAYMENT OF PAST AMBULANCE
CHARGES
City Manager Koski presented a proposed resolution authorizing the
Contract Cities Association to negotiate on behalf of the City the
reconcilation of repayment of past ambulance charges.
Councilman Atkins moved to adopt Resolution No. 84 -2234 A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING
THE CALIFORNIA CONTRACT CITIES ASSOCIATION TO REPRESENT TEMPLE CITY
IN NEGOTIATION WITH THE COUNTY FOR REIMBURSEMENT OF PAST AMBULANCE
SERVICE CHARGES, with Councilman Tyrell representing the City of
Temple City in this matter, seconded by Councilwoman Swain and
unanimously carried.
F. TENTATIVE ITINERARY - AUSTRALIAN SISTER CITY VISIT
Mayor Gillanders presented the tentative itinerary as set forth by
the Sister City Association for the coming visit of the official
representatives of Hawkesbury requesting Council host a portion
of their visit.
Councilwoman Swain moved to accept the itinerary and approve
expenses for both our City representatives and the Australian
Sister City representatives, seconded by. Councilman Tyrell and
carried with Mayor Gillanders abstaining.
G. SAN GABRIEL VALLEY ASSOCIATION OF CITIES
Councilwoman Swain stated the SGVAC is holding its General Member-
ship Dinner Meeting on Thursday, February 16, 1984, at T & J
Restaurant. The topic is "Terrorism at the 1984 Olympics" by
Philip W. Little who has been all over the world and is an expert
on the subject.
ATTEST: