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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. 1 1 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 1 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. 1 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: