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HomeMy Public PortalAboutCity Council_Minutes_1984-02-21_Regular 1984CITY OF TEMPLE CITY CITY COUNCIL MINUTES FEBRUARY 21, 1984 INITIATION: 1. CALL TO ORDER: Mayor Gillanders called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, February 21, 1984, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend David Brinkley, Church of Christ, 5272 North Sereno Drive. 3. The Pledge of Allegiance 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, Planning Director Shaw, Parks and Recreation Director Kobett, and Julie Estrada, Temple City Times Mayor Gillanders welcomed Matt Jacobs as the new Traffic Commissioner and presented him with a City Service Pin. 5. CONSENT CALENDAR: Councilman Atkins moved to approve Items A through N on the Consent Calendar as recommended, seconded by Councilwoman Swain and unani- mously carried. A. APPROVAL OF MINUTES - Regular Meeting of February 7, 1984. Approved as written. B. RECOMMENDATIONS FROM PLANNING COMMISSION MEETING OF 2/14/84 (1) PROPERTY NUISANCE CASE NO. 84 -106 (5335 Sultana Avenue) Adopted Resolution No. 84 -2240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREMISES TO BE A PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF. (2) PLANNING COMMISSION ACTION Received and filed memo from Planning Commission relating to action taken at their regular meeting held February 14, 1984. C. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION REGULAR MEET- ING OF FEBRUARY 15, 1984. (1) REQUEST FOR USE OF PICNIC SHELTERS AT LIVE OAK PARK FOR COSTUME REVIEW - TEMPLE CITY YMCA INDIAN GUIDES Approved request from Temple City YMCA Indian Guides for use of the picnic shelters at Live Oak Park from 12:30 p.m. to 4:30 p.m. on Sunday, May 6, 1984, to bring the activities of the Indian Guides to the public's attention, subject to the required Cer- tificate of Insurance. (2) REQUEST FOR USE OF FACILITIES AT LIVE OAK PARK - TEMPLE CITY GIRL SCOUTS (June 25 -29, 1984) Approved request from Temple City Girl Scouts for use of picnic facilities at Live Oark Park from June 25 through June 29, from 9:30 a.m. to 3:00 p.m. to conduct a day camp and one overnight use, subject to the required Certificate of Insurance. Council Minutes, February 21, 1984 - Page 2 D ORDINANCE NO. 84 -546 (2nd reading) PROPOSED AMENDMENT TO THE TEMPLE CITY ZONING CODE AMENDING THE DEFINITION OF FREE - STANDING SIGNS TO ALLOW ONLY PERMANENT MONUMENT AND POLE SIGNS. Adopted Ordinance No. 84 -546 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING PART X -A OF THE ZONING CODE RE- LATING TO FREE - STANDING SIGNS. E. RESOLUTION NO. 84 -2235 ESTABLISHING VOTING PRECINCTS AND ELECTION OFFICERS FOR THE GENERAL MUNICIPAL ELECTION ON APRIL 10, 1984 Adopted Resolution No. 84 -2235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ESTABLISHING VOTING PRE- CINCTS FOR GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 10TH DAY OF APRIL, 1984, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF TEMPLE CITY. F. SET PUBLIC HEARING - STREET LIGHTING IMPROVEMENTS, CAMELLIA AVE., SPARKLETT STREET TO LOWER AZUSA ROAD (Pursuant to Chapter 27, Improvement Act of 1911, Streets & Highways Code) Accepted petition requesting installation of four street lights and adopted Resolution No. 84 -2236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DELCARING ITS INTENTION TO CAUSE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO THE PRO - VISIONS OF SECTION 5870 ET. SEQ., OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, and set public hearing 3/20/84. G. PROGRESS PAYMENT NO. 7 - REPAINTING OF PAVEMENT MARKINGS AND STRIPING SCHOOLS, SELECT SYSTEM STREETS, MAINTENANCE AREAS 4, 5, 6, (Safety Striping, Inc.) Approved progress payment in the sum of $2,211.48 to Safety Striping Service for work completed under the contract. H. ACCEPTANCE OF PROPOSAL: PREPARATION OF PLANS AND SPECIFICATIONS CONCRETE CONSTRUCTION PROJECT 83/84 -1 Accepted proposal of Dwight F. French, Inc. to prepare plans and specifications for the Concrete Construction Project 83/84 -1. I. PROPOSED STREET LIGHT INSTALLATION GUIDELINES Approved street light guidelines as outlined in staff memo dated February 15, 1984. J. POLICY DIRECTION - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Established a policy position that the City pursue alternative proposals for use of CDBG funds and directed staff to pursue the availability of CDBG funds with Los Angeles County Couuaunity De- velopment Commission as it pertains to redevelopment projects. K. PROPOSAL FOR ARCHITECTURAL SERVICES - REMODELING OF COUNTY ENGINEER FACILITIES Approved the proposal from Dave Oakley, Architect, for remodeling of the county engineering facilities, dated February 6, 1984. L. RECOMMENDATION FROM PARKING COMMISSION MEETING OF JANUARY 11, 1984, PARK AND RIDE LOTS WITHIN THE DOWNTOWN BUSINESS DISTRICT Established a policy position of the use of Prop A funds for the development of Park and Ride Lots; authorized City Manager to file application for use of the Prop A funds with the L. A. Co. Transportation Commission; and authorized staff to solicit pro- posals for engineering services for the acquisition and con- struction of a Park and Ride Lot at 5841 Camellia Avenue. Council Minutes, February 21, 19846, Page 3 M.—RESOLUTION NO. 84- 2237',:EMPLOYMENT OF PERSONNEL Adopted Resolution No. 84 -2237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. N. RESOLUTION NO. 84 -2238 WARRANTS AND DEMANDS Adopted Resolution NO. 84 -2237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $161,945.41 DEMANDS 7196 THRU 7276. 6 UNFINISHED BUSINESS: A. PUBLIC RE- HEARING: 7:30 P.M. - APPEAL OF CONDITIONAL USE PERMIT 83 -692 AND ZONE VARIANCE 83 -694, SANTA ANITA CONVALESCENT HOSPITAL AND RETIREMENT CENTER (Continued from February 7 Council Meeting) The re- hearing on this matter was continued to this evening because of a defective notice which did not state the hour of the public hear- ing. All prior documentation presented at the 12/6/83 and 2/7/84 City Council meetings and the October 25, 1983, Planning Commission Meeting are incorporated herein by reference as if set forth in full. Mayor Gillanders declared the public hearing open and invited anyone wishing to speak to come forward. Frank Schrader, Administrator, Santa Anita Convalescent Hospital, stated the representative from Air -Tro who installed the Energy Management System was present and better qualified to answer ques- tions, if any, regarding the system and noise reduction. Jim Hunter, General Manager, Air -Tro Heating and Air Conditioning Company, stated their company had installed the system and respond- ing to the concerns about some rooms getting too hot during the summer, expressed at the last meeting by some of the residents, stated everything is basedo on the total load on the building and on a 105 day maintaining 70 inside would utilize only one -third of the capacity of the air condition system which would present no problem recycling the equipment to keep the noise down and essentially no discomfort to the patients. In response to Council inquiry, Mr. Hunter stated he understood it is planned to install the system on the east side as well as the north. John Stacey, 10324 E. Daines, stated he was elected as spokesman for the "Committee for Equity" which represents the people in the surround- ing area of 300 feet from the hospital zone. The newly formed committee felt they were losing ground to stop the retirement center and there- fore wanted to join forces with the hospital, and if the addition is allowed they would like to make it a legal zoning change and not a variance. Mr. Stacey presented two petitions; one petition signed by 97 residents requested City Council delay a decision on the variance to allow time to pursue a proposal to rezone the properties in the im- pacted area surrounding the property; the second petition signed by 89 residents requested the rezoning of the surrounding properties to the hospital proportionately to act as a buffer zone as presented to Council at the February 7th meeting. Moe Turkenik, 1558 10th Street, Santa Monica, owner of the Santa Anita Convalescent Hospital and Retirement Center, stated when this facility was trying to get the initial variance for 100 beds, Mr. Stacey was in agreement because he objected to the dust caused by children playing on the vacant premises. Dainy Lopez, 5550 N. Hallowell, stated she did not sign the petition because she did not want to live next to an apartment building; felt the petitions as presented were misleading; seldom hears sirens where she lives and the hospital does not particularly bother her. W. Moulton, 5351 N. Parmerton, wanted to know what percentage of re- sponse on the petition was related directly to the area involved (Mr. Stacey responded - 95 %) and what type of buildings were allowed in an R -3 zone (Mr. Shaw replied apartments and condominiums). Council Minutes, February 21, 1984 - Page 4 Norma Curey, 10569 E. Olive, stated during the six years her mother was in the Convalescent Hospital, there never was a traffic problem nor any other problem that had to do directly with the hospital; we would be doing a detriment to the 55 people that could use that care; and we have to consider what the hospital is all about, which is a facility for help for people who need it and there are a lot who need it. John Stacey, 5626 Gracewood, rebutted Mr. Turkenik's comments stating when he first moved there, it was a small Convalescent Hospital which has been allowed to expand until it has gotten out of hand; it is no longer just a Convalescent Hospital, it is a hotel. Pat Warren, 5624 Gracewood, stated she was opposed to the addition, does not like the noise pollution from loud T.V., delivery trucks, trash trucks, arguments and air conditioners - it is an inconven- ience to her and her family. There being no one else that came forward to speak, Councilman Dennis moved to close public hearing, seconded by Councilman Atkins and unan- imously carried. Councilman Atkins stated he is sympathetic with the hospital; it has been a good neighbor; provides a great service and there is a need for the hospital. However, the issue is expansion, which it has been doing, and he is confident they will be back in a few years asking for another expansion. He understands the frustrations of the neighbors wanting to be compensated for having to live next to a major institu- tion, but he would be opposed to a zone change. The issue of granting a conditional use permit is based on whether it would have an adverse effect on the adjacent properties or on public welfare and we have seen and heard evidence that it would have an adverse effect. While he thinks the hospital has a place in the community, it is as big as it ought to be. Councilman Tyrell felt the question is whether the current facility would be better utilized by the proposed addition and changes withou having an adverse effect on the surrounding neighbors. Although it would be an increase in density for the area, there would be no in- crease in active density since the majority of the people there do not drive cars and are confined and isolated. He felt the. park con- tributed more to the traffic with baseball, soccer and people using the park and children being left off and picked up. When we have parks, people in the City use them, that is what they are there for. He was opposed to rezoning the surrounding areas as it would ruin the R -1 character of the area and the monetary value of the property would be realized only if and when the property is sold. Councilwoman Swain did not feel the facility had a valid reason for requesting the hearing to be reopened since noise was not the main reason for rejecting the expansion. Additionally, the hospital was there to begin with, is in the General Plan, but the retirement center is not, and that is what their request is for, and it is not zoned for a multiple residence which is what the retirement center is. The people that would live there are not ill or confined, but are mobile and could have cars. She felt the problem is really the impact on the surrounding community by the population density in a retirement center and not the hospital. She did not agree with the rezoning but under- stood the desire of the residents to be allowed the same use and pri ilege of their property in increased property values that the hospit enjoys. Councilman Dennis stated the request for consideration of this ex- pansion should be a separate issue from the rezoning, and questioned if the residents fully understood the ramifications of rezoning the area. As to the expansion, he felt the hospital has been there for a number of years and the impact of that facility on the surrounding properties has already been experienced and did not feel the additional 50 beds in the retirement center and 24 beds in the hospital would create any greater significant impact on the surrounding area. Also, since there has always been an oversupply of parking available, he felt the addition would cause no problem, and was in favor of granting the request. Council Minutes, February 21, 1984`t Page 5 Mayor Gillanders stated the noise factor caused by the continuous line of air conditioners running at very close proximity to the northern neighbors was of primary concern. He recognizes that an ever expanding hospital does create density problems, but agreed with Councilman Tyrell that it is largely passive density, and felt the main issue was the concern of the social good of the community itself, in this case our senior citizens whose needs have to be con- sidered in this matter. With the noise reduction produced by the Energy Management System, he would not be opposed to the expansion. Councilman Tyrell moved to adopt Resolution No. 84 -2241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY GRANTING CONDITIONAL USE PERMIT 83 -692 AND VARIANCE 83 -694 AND ENVIRONMENTAL IMPACT REPORT FOR THE SANTA ANITA CONVALESCENT HOSPITAL AND RETIREMENT CENTER which included condition No. 29 as set forth in the staff report, seconded by Councilman Dennis and carried on a roll call vote. ROLL CALL: AYES: Councilmen - Dennis, Tyrell, Gillanders NOES: Councilmen - Atkins, Swain B. PUBLIC HEARING: 7:30 P.M. - CURB AND GUTTER PROJECT, GRAND AVENUE, SOUTH SIDE, EL MONTE AVENUE TO PERSIMMON AVENUE (Pursuant to Chapter 27, Improvement Act of 1911, Streets and Highways Code) City Manager Koski presented background' information stating public hearing was set for this. "evening to consider the proposed curb and gutter improvements on the two properties involved. A favorable response was received from one property owner on Grand Avenue but no response was received from the other property owner on El Monte Avenue which has been the subject of numerous public nuisance hear- ings over the years. The improvements would be done in conjunction with the previously approved Persimmon Avenue Improvement Project and thus complete the improvements in that block. Mayor Gillanders declared the public hearing open and invited anyone wishing to speak to come forward. There being no one that came for- ward to speak, Councilman Dennis moved to close public hearing, seconded by Councilman Atkins and unanimously carried. Councilman Dennis moved to approve the Categorical Exemption of the Environmental Impact Report; find•the project to be in the best public interest ;' adopted Resolution No. 84 -2239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDERING THE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO SECTION 5870• ET SEQ. OF THE STREETS AND HIGHWAYS CODE; and authorized the inclusion of the work with the Persimmon Alley Improvement Project, seconded by Councilman Atkins and unanimously carried. C. PUBLIC HEARING: 7:30 P.M. - 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 (Town and Country) City Manager Koski presented background information stating the Planning Commission denied a modification of a Conditional Use Permit to use a parking lot for a truck storage yard in an R -4 Zone on the basis that the expansion of the parking lot as a truck storage yard would have an adverse effect on the use, enjoyment or valuation of adjacent property and upon the public welfare. The Planning Com- mission also denied a zone variance to allow a 10 foot high chain link fence to enclose the truck yard as the applicant failed to meet the burden of proof to show that there are exceptional circumstances on the property which do not apply to other properties in the same zone, that the variance is necessary for the preservation and enjoy- ment of a property right possessed by other property similarly situ- ated and denied to this property, and that the granting of the vari- ance is not materially detrimental to the public welfare. An appeal was filed and Council set public hearing for this evening. Councilman Tyrell moved to include the Planning Commission minutes as part of the hearing, seconded by Councilwoman Swain and unani- mously carried. Council Minutes, February 21, 1984 - Page 6 Mayor Gillanders declared the public hearing open and invited any- one wishing to speak to come forward. Glen Chanslor, Chief Executive Officer of Town and Country Industries, Inc., doing business under the trade name of Home Food Service, 9608 Lower Azusa Road, has conducted business there since 1966 and pur- chased the premises in 1979, after which it was noted that his park- ing space was being taken up by two trash containers belonging to an adjacent apartment complex. His request for removal of the containers by the apartment owner has been a source of friction.. Mr. Chanslor presented a petition signed by the residents in Temple City which petition requested City Council approval for this company to park their trucks behind their new fence and to turn on their electricity so they can run their refrigeration units by electricity as opposed to gas. He further stated that the lot in question was land that was going to waste and he has expended several thousands of dollars to improve the aesthetic qualities of the commercial complex, and has installed lighting and a high fence to curb the crime in the area. In response to complaints from the tenants in the apartment units, he stated Edison could shade the lights (which has not been done as yet) and the conversion to electricity to refrigerate the trucks would lessen the noise factor considerably. James Harley, Air -Tro Corporation, 9631 Business Center Drive, Rancho Cucamonga, contractor for Town and Country, has been doing projects in Temple City for the past two years at an approximate cost of two million dollars; obtained all the required permits from the County and City Hall that he was told were necessary; and he would not do anything that is not approved by the building department as his re- cord of the past 26 years will reflect. Frank Fiori, owner of Fiori's Liquor, 9614 Lower Azusa Road, has been in business there for 15 years and felt Mr. Chanslor took a piece of swamp land and turned it into something useful; the new lights reduce the crime rate, and electric compressors would be quieter than gas to run. Thomas Terry, Temrose Bar and Temrose Thrift Shop for the City of Hope, stated the parking in the shopping center is badly needed. Rodney Baker, Attorney for Applicant, 281 E. Workman Street; City of West Covina, flet the state of affairs was highly charged, emo- tionally, and did not feel it was the best forum to try and make a rational decision for what is best for the citizens and all the people of the community and requested Council to consider continu- ing the hearing to their next meeting. Possibly, in the interim, Council would have an opportunity to look at the improvements and view the situation, and would also give him an opportunity to meet with the City Manager and City Attorney to sort out the facts and address the legal issues and try to work out a compromise that would be acceptable. John Wallace, 4515 Ellis Lane, presented a resolution from the Board of Directors of Ellis Lane Homeowners Association, representing. 14 units in Temple City. The resolution formally opposes the zone vari- ance and modification of conditional use permit, as granting these requests would only increase the noise levels closer to the residents as well as increase the amount of light from the parking area. Additionally, the fence with the barbed wire is unsightly. Samuel DeSalvo, owner of the apartment complex which he built in 1964, stated Mr. Chanslor purchased the property from Mr. Asimow in 1979. Mr. Asimow in 1971 obtained a variance from the Planning Com- mission for parking cars for the business, not trucks, and he has lost tenants because of the noise of the refrigeration units and submitted pictures verifying the alley congestion caused by the trucks. Alex Picone, 9826 Lower Azusa Road, voiced his objection to the noise stating the applicant has 6 to .7 trucks running at the same time, all used for storage which amounts to 7 warehouses on an R -4 property. 1 Council Minutes, February 21, 1984:*, Page 7 Carmeline Picone, 9628 Lower Azusa Road, Manager of the Apartment Building, challenged Mr. Chanslor's petition since she also had a petition signed by residents within a 300 foot radius of the park- ing lot who were all opposed to the variance and modification of the conditional use permit. Lisa Morelli, 9628 Lower Azusa Road, added her objections to the noise which, she stated, runs from 9:00 p.m. to 3:00 a.m. John Picone, 9628 Lower Azusa Road, stated he is presently employed by K. D. Miller Electric in Whittier and works on refrigeration trucks in the City of Vernon. He contends the electric run trucks are as noisy as those refrigerated by gas. Don Mullen, 9628 Lower Azusa Road, stated he has lived in the apart- ment complex for 10 years and until Mr. Chanslor purchased his pro- perty they had no problems. It has now become impossible to sleep at night and if they move even closer to the apartment units, it will become intolerable and felt a simple solution would be to find some commercial area for night time parking of the trucks. Patrick Florez, 4510 Temple City Blvd., an employee of Mr. Chanslor, stated Mr. Chanslor had installed a 220 volt electrical outlet on his premises and invited the tenants in the apartment complex to listen to the difference in his refrigeration trucks while running on elec- tricity, however, no oneL:came. Also the trucks are run only two or three nights a week. Edie Monico, 9628 Lower Azusa Road, felt her life was in danger from fire due to the gas stored in the trucks. Alex Zielinski, 5008 Kauffman, worked extensively with the people of the Hawaiian Islands on refrigeration and his experience has been that running the compressors on electricity is not only less noisy but also does not pollute the air. Councilwoman Swain expressed her concern of a possible fire hazard and would like the Fire Department to inspect the area and give their opinion regarding 6 to 7 trucks parked in a small area enclosed by a fence behind a locked gate in the middle of a residential district in the event of fire. Councilman_Dennis stated that in addition to the report from the Fire Department and since there has been some contention that staff de- cisions may have mislead the appellant, he would like a staff report explaining all the facts involved. Councilman Atkins moved . to continue this public hearing as an open hearing until the Council Meeting of March 6, 1984, to give an oppor- tunity for the City Manager, City Attorney and the Appellant's Attorney to review the facts, and obtain the additional Fire Department report and Staff report, seconded by Councilwoman Swain and unanimously carried. 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: At this time, Council recessed to meet as the. Community Redevelopment Agency, approved the minutes of the regular meeting of February 7, 1984. The minutes are set forth in full in the records of the agency. Council Minutes, February 21, 1984 - Page 8 RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: There was no action to be taken. 11. MATTERS FROM CITY OFFICIALS: A. OFFER OF DONATION - TEMPLE CITY TENNIS CLUB City Manager Koski stated the Temple City Tennis Club would like to donate four three -row 15' aluminum bleachers and one 8' aluminum picnic table to be installed in the grass area between tennis courts 3 and 4. The Club's offer includes a request that the City be re- sponsible for installation of the concrete slab for the placement of the bleachers and picnic table. Councilwoman Swain moved to accept their offer of donation with appreciation and approved installation of appropriate sized con- crete slabs, seconded by Councilman Atkins, and unanimously carried. B. SISTER CITY Mayor Gillanders stated the Sister City representatives from Australia will be ariving in our City on February 22; will be attending the Camellia Festival activities; and the public is invited to the dinner honoring the representatives at David Copperfield's Restaurant on February 25th. 12. ADJOURNMENT:; On motion by Councilman Atkins, seconded by Councilman Dennis, the meeting adjourned at 10:08 p.m. Next regular meeting of the City Council will be held on March 6, 1984, in the Council Chamber of the City Hall. ATTEST: Chie eput City C er