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HomeMy Public PortalAboutCity Council_Minutes_1984-07-17_Regular 1984CITY OF TEMPLE CITY CITY COUNCIL MINUTES JULY 17,1984 INITIATION: 1. CALL TO ORDER: Mayor Swain called the regular meeting of the City Council to order at 7:34 p.m, on Tuesday, July 17, 1984, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Barry Vail, Bethleham Evangel- ical Lutheran Church, 5319 N. Halifax Road. 3. The Pledge of Allegiance to the Flag was led by Mayor Swain.. 4. ROLL CALL: Present: Councilmen- Atkins, Dennis, Gillanders, Tyrell, Swain Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Planning Director Shaw, Julie Estrada, Temple City Times and Dave Gero, Pacesetter. 5. CONSENT CALENDAR: Mayor Swain requested Items B(2) and I be removed from the Consent Calendar. On motion by Councilman Tyrell, seconded by Councilman Atkins all other items on the Consent Calendar were unanimously approved as recommended. A. APPROVAL OF MINUTES - Regular Meeting of July 3, 1984. Approved as written with Councilmen Gillanders and Tyrell abstaining. B. RECOMMENDATIONS FROM TRAFFIC COMMISSION MEETING OF JULY 5, 1984. (1) CONCURRENCE OF TRAFFIC REGULATIONS IMPLEMENTING A 4 -WAY STOP AT THE INTERSECTION OF BROADWAY AND GOLDEN WEST AVENUE Approved installation of 4 -way stop at above intersection. C. PLANNING COMMISSION ACTION - MEETING OF JULY 10, 1984 Received and filed memo relating to action taken by the Planning Commission at their regular meeting. D. AMENDMENTS TO EMPLOYEE OPTIONAL BENEFIT PLAN FOR FY 1984 -85. Approved amended benefit plan in conformance with new IRS regulations. E. ACCEPTANCE OF PROPOSAL: PREPARATION OF PLANS AND SPECIFICATIONS - CURB AND GUTTER CONSTRUCTION PROJECT 84/85 -1 Accepted proposal from Kenneth Mullen, Consulting Engineer, in the amount of $8,450 for design of curb and gutter construction on Green Street and Lemon Avenue combined under subject project. F. FIREWORKS STANDS 1984 - REFUND OF DEPOSIT Approved the refund of deposit to organizations who had conducted fireworks sales, the sites having been inspected and found to be clear of debris. Council Minutes, July 17, 198!x- Page 2 G. REAPPROPRIATION OF FY 1983 -84 FUNDS FOR CARRY -OVER PROJECTS Approved reappropriation of funding from FY 1983 -84 adopted budget to Fiscal year 1984 -85 as per projects and amounts in staff memo dated July 10, 1984. H. SET PUBLIC HEARING ASSESSMENTS FOR STREET LIGHT IMPROVEMENTS - Camellia Avenue, Sparklett Street to Lower Azusa Road (Pursuant to Chapter 27, Improvement Act of 1911, Streets & Highways Code) Accepted installation of four street lights; set public hearing for August 21, 1984, to approve assessments; and instructed the Superintendent of Streets to notify the property owners involved. J. RESOLUTION NO. 84 -2291: EMPLOYMENT OF PERSONNEL Adopted Resolution No. 84- 2291.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. K. RESOLUTION NO. 84 -2290 WARRANTS AND DEMANDS Adopted Resolution No. 84-2290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $76,431.69 DEMAND NOS. 8046 THRU 8108. CONSENT CALENDAR ITEM B(2) TRAFFIC SIGNAL STUDY (Temple City Boulevard and Woodruff Avenue) Mayor Swain asked if Council had any questions of staff or wished any further discussion since they had requested the traffic signal study. Councilman Atkins stated at this point in time he supported the rec- ommendations to increase the red zone thereby increasing the visability. Responding to Council inquiry, Traffic Engineer Envall referred to hi report wherein the pedestrian couritat the crossing during a six -hour survey showed a total of 62 adults and 8 children which did not meet the minimum requirements for pedestrian volume. He stated further one of the criteria for signals is pedestrian volume and they are not even considered unless there are 150 pedestrians crossing during that period. Following further discussion among the Councilmembers, it was deter- mined that for the safety . of the senior citizens who frequent the intersection to get to the market-that a pedestrian activated traffic signal may be warranted and instructed the Traffic Engineer to pre- pare hardware requirements and obtain a cost estimate for installation and submit to Council for their_ determination at the August 7, 1984, regular meeting. s; CONSENT CALENDAR ITEM T. 'UTILIZATION OF PROPOSITION A TRANSPORTATION FUNDS - TRANSPORTATION FOR HANDICAPPED PASADENA CITY COLLEGE STUDENTS Mayor Swain questioned the r_ eali_ty of the $4,000 expenditure for two students and although she was in favor of the program felt perhaps another form of transportation could be found. Councilman Tyrell stated this was: an. established service at an estab- lished cost and moved to approve.the expenditure of Prop A transporta. tion funds in the amount of $4;000'for the transportation of handicap_ students to and from PCC; amend the adopted budget accordingly; and authorize the City Clerk to -file an.application with the Los Angeles County Transportation Commission.f..or :use of Prop A funds, seconded by Councilman Atkins and unanimously carried. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: 7:30 P.M.'•'APPEAL OF PLANNING COMMISSION APPROVAL OF MODIFICATION OF CONDITIONAL USE PERMIT 70 -317 - BURGER KING 5541 Rosemead Boulevard.: Councilman Tyrell moved to hold this item over to later this evening when the Community Redevelopment Agency has met and made a recommenda- tion to City Council, seconded by Councilman Gillanders and unanimously carried. Council Minutes, July 17, 1984 - Fa 3 v k� B. ` SPECIAL MUNICIPAL ELECTh.ON RELAT-iNGrEO STREET LIGHTING ASSESS- MENT -FEES City Manager Koski presented background information stating this matter was a carry -over from previous Council meetings regarding the possibility of placing, on the November ballot, a provision • which would address the continuance of the lighting district assess- -. ments, collection of which will be disallowed if the Jarvis amend - ment passes on that same ballot. During deliberation with.the City Attorney, the question arose as to whether or not it is prudent to place this item on the November ballot with other national issues, or if it would be more timely to see how the Jarvis amendment fairs in November. At that time should the Jarvis amendment pass, then bring this problem to the electorate of Temple City when it can be given the proper attention and explanation in a special election. There are sufficient funds in the reserve to provide for lighting until Spring. The cost of a special election is roughly estimated at $8,000 and the cost of consolidating with the November election is approximately $3- 4,000. Councilman Tyrell moved to continue this matter to the August 7, 1984, meeting to enable•councilmembers to give this issue a more thorough analysis, seconded by Councilman Gillanders and unanimously carried. C. RENEWAL OF AGREEMENT - YELLOW CAB COMPANY OF SAN GABRIEL VALLEY City Manager Koski preste' rit 'ed"backgro'llintlinformation stating the agree- ment with Yellow Cab Company.. (which has been continued from a previous meeting) provides for a Dia1.A7Ride(transportation service for our senior citizens and handicapped; operates 24 -hours a day, 7 -days a week and costs patrons fifty cents per one -way ride at a cost to the City of $30,000 per year. Following discussions with Yellow Cab Com- pany regarding customer complaints, the contractor has agreed to purchase additional cabs and employ additional personnel to manage, service and drive the cabs which would hopefully alleviate most of the complaints. Following discussion, Council directed staff to obtain clarification of additional information regarding the improvements such as: how many additional cabs and vans will be purchased; how many will be equipped with apparatus for the handicapped; the total,number of cabs that will service the Dial -A -Ride program; a provision for periodic safety inspection of the equipment; and consideration of adding an additional paragraph in the agreement providing for'the City to with- hold monthly payment if maintenance and upkeep of the equipment are not complied with. • Councilman Tyrell moved to table the renewal of the agreement with Yellow Cab Company to August 7, 1984, City Council meeting so that a staff report can be obtained for Council review, seconded by Council- man Atkins, with Councilman Dennis opposing. 7. NEW BUSINESS: A. PROPOSED ORDINANCE NO. 84 -551 - RELATING TO ANIMAL CONTROL City Manager Koski stated this proposed ordinance incorporates those provisions of the Los Angeles County Code and other elements of a comprehensive animal control ordinance which are applicable to Temple City and one that the Animal Control Officer and citizens can readily refer to. City Attorney Martin introduced Ordinance No. 84 -551 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING ARTICLE III, CHAPTER 6 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO PUBLIC HEALTH AND SAFETY - ANIMAL CONTROL for first reading by title only. Council- man Tyrell moved to waive further reading, seconded by Councilman Atkins and unanimously carried with Councilman Dennis noting a few changes relating to Sections 3622, 3674 and 3684 which will be modified. 8. COMMUNICATIONS: None. Council Minutes, July 17, 1984 - Page 4 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Tom Thaxter, 9025 E. Hermosa Drive, was inquiring as to the present status of the parking and related problems in connection with Edwards Theater and in particular if the Traffic Commission had made their recommendations to Council. City Manager Koski stated the Traffic Commission had just reorganized and therefore their study session was rescheduled, however, the press and Mr. Thaxter, if he wishes, will be noticed as to the date of that meeting. RECESS TO CRA: At this time, Council recessed to meet as the Community Redevelopment Agency; approved the minutes of the regular meeting of July 3, 1984; and took up the matter of unfinished business regarding Burger King. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: 7:30 P.M. - APPEAL OF PLANNING COMMISSION APPROVAL OF MODIFICATION OF CONDITIONAL USE PERMIT 70 -317 - BURGER KING 5541 Rosemead Boulevard. City Attorney Martin stated this matter was noticed as a public hear- ing of the City Council and also an item for discussion from the Com- munity Redevelopment Agency. The City Council and Community Redevelop- ment Agency sitting together will hear this matter under the hearing . of the City Council. Councilman Tyrell moved to include all prior records and minutes of the Planning Commission, City Council, and Community Redevelopment Agency as a part of the record, seconded by Councilman Gillanders and unanimously carried. City Attorney Martin informed applicants that the various members of the City Council and Community Redevelopment Agency are personally familiar with this property having been eminently involved in it in connection with the CRA development and will use their knowledge in connection with their deliberations. , Applicants had no objection. City Manager Koski presented background information stating on June 12, 1984, the Planning Commission approved a request for a modifica- tion of a conditional use :permit for a children's play area adjacent to the Burger King Restaurant., In association with the play area, the parking and circulation will be redesigned to allow parking for 27 cars (23 required) and a drive- thru - circulation pattern with reduced vehicular pedestrian conflicts. City Council at their June 19, 1984, meeting, following discussion regarding the land use, traffic, aesthetics, and safety, appealed the modification: of the Conditional Use Permit. Additionally, Burger King is operating under an owner's participation agreement with the agency;as a signator. At the time Burger King was developed, 35 parking spaces were available. In 1976, the first modi- fication to the CUP for a drive -thru window was granted reducing the spaces to 29 at which time'the owner's participation agreement was orally agreed to. Mayor Swain declared the public hearing open and invited anyone wish- ing to speak to come forward. City Attorney Martin informed the participants in this hearing that th matters testified to before the Planning'Coimimission have been set forth in the minutes of the Planning Commission, have been made available to the Council; and it is not necessary to repeat. It is not a restriction, however, they may repeat if they wish. William Schneider, 356 Cherry Drive, Pasadena, attorney representing the applicant, Dave Ahlzadeh, stated Mr. Ahlzadeh received numerous requests from parents to put in a play area as substantiated by the signatures of his customer's on a petition which is submitted herewith. 1 1 Council Minutes, July 17, 1984 - Page '5 An additional petition had unan.' ous approval from the shopping center tenants as well. The.basIc concept of the play ground is to create an area where parents: can lelsurely enjoy their food and watch their children while they play. Aesthetically it is their goal to keep the appearance of the play area totally consistent with the guidelines of the CRA requirements. In the most recent plan the parking has been redesigned in such a way that it is superior and safer than presently exists. A parking survey conducted for seven days confirmed adequate parking even through peak periods. Dave•Ahlzadeh, 8924 E. Ardendale, San Gabriel, stated he receives 15 to 20 calls per week requesting the play area; estimates it would in- crease his business by approximately 5% and will take 5 to 10 years to recover his investment; felt it would help the shopping center; bring some life to the shopping center; and satisfy his customers. Eloise Ward, 1420 Rancho Road, Arcadia, owner of King Arthurs, felt it was a fantastic idea; has never seen the parking lot filled; was good for the community and the trade off of losing two parking spaces was well worth it. There being no one else that came forward to speak, Councilman Gillanders moved to close public hearing, seconded by Councilman Atkins and unanimously carried. Councilman Atkins felt it was an inappropriate use in a shopping center; the restaurants which have play grounds are not in areas that are as congested; questioned the obstruction. of visability of other businesses in the center; and felt tffic and`sfety problems ' existed. Councilman Gillanders stated, his initial objection was safety and if the fencing surrounding the' play area was adequately reinforced would be in favor of granting the modification. He felt it was progressive and might generate a little life into the area. Councilman Dennis concurred with Councilman Gillanders and stated people should not be turned down for coming up with new and innovative ideas. However, he was concerned about supervision of the children and felt that regardless of the kind of sign which is put up, parents will send their children to play while they go shopping and suggested a requirement that a supervisor be on duty at all times when the area is open. Councilman Tyrell stated although it may not be a traditional concept for a shopping center; we cannot stifle business. In addition to the structural changes and supervision restriction, felt Council should retain jurisdiction to impose additional =conditions 'relating to traffic flow. Mayor Swain stated since they do sit as a Redevelopment Agency first, they do have an obligation to protect parking for the entire area and all businesses must be protected, however, the Councilmembers have come up with good suggestions and felt the details should be worked out for a final decision at the next meeting.' Councilman Tyrell moved to instruct the City Attorney to prepare the appropriate resolutions to require a structural support of the fence and /or retaining wall and to expressly retain jurisdiction to impose additional conditions relating to traffic flow in the event that traffic congestion or hazards arise in the future due to the growth . of the business, seconded by Councilman Gillanders and carried with Councilman Atkins opposing. RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: A. REQUEST FOR APPROVAL OF SITE REDESIGNIND DEVELOPMENT OF A CHIL- DREN'S PLAY AREA FOR BURGER KING AT 5541 N. ROSEMEAD BOULEVARD Councilman Tyrell stated that since the matter referred to Council from the CRA is being held over, moved the Council portion be held over like- wise pending the preparation of the resolutions by the City Attorney, seconded by Councilman Gillanders and carried. Council Minutes, July 17, 1984 - Page 6 11. MATTERS FROM CITY OFFICIALS: A. EAST PASADENA WATER COMPANY Received and filed memo relating to a study to be conducted by the Department of County Engineer - Facilities of the East Pasadena Water Company and related water service area. B. RESTRUCTURING OF PERSONNEL AND JOB CLASSIFICATIONS Councilman Gillanders moved to approve the establishment of a new position of Public Works Coordinator and Associate Planner, and approved the staff recommendation of Chris Peterson to the new position of Public Works Coordinator, seconded by Councilman Dennis and unanimously carried. C. LEAGUE OF CALIFORNIA CITIES CONFERENCE, SEPTEMBER 23 -26, 1984 - ANAHEIM Councilman Tyrell moved to authorize the advance registration and reimbursement of attendant expenses relating to subject conference for those City Officials and department heads able to attend, seconded by Councilman Atkins, and unanimously carried. D. DISPLAY OF U.S. FLAG Councilman Tyrell moved to authorize the continuous display of the U.S. flag on Las Tunas and Temple City for the period com- mencing July 20 through August 12 to concur with the 23rd Olympiad, seconded by Councilman. Gillanders and unanimously carried. 12. ADJOURNMENT: On motion by Councilman Gillanders, seconded by Councilman Atkins, the meeting adjourned at 9:30 p.m. Next regular meeting of the City Council will be held Tuesday, August 7, 1984, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: 4- Art r