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
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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
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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:
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