HomeMy Public PortalAboutCity Council_Minutes_1988-09-06_Regular 19881
CITY OF TEMPLE CITY
CITY COUNCIL MINUTES
SEPTEMBER 6, 1988
INITIATION:
1. CALL TO ORDER:
Pursuant to Agenda posted on September 2, 1988, Mayor Swain
called the meeting of the City Council to order at 7:30
P.M. on Tuesday, September 6, 1988.
2. The invocation was given by Reverend Norlyn Brough.
3. The Pledge of Allegiance to the Flag was led by Mayor
Swain.
4. ROLL CALL:
Present:
Also Present:
Presentation:
Councilmen Atkins, Breazeal, Froehle,
Gillanders and Swain
City Manager Koski, City Attorney Martin,
Parks and Recreation Director Kobett,
Asst. to City Manager Durham, Public Works
Coordinator Peterson, Senior Planner
Saldana, Julie Estrada of the Temple City
Times, Kurt Holtzclaw of the Pacesetter
and a representative of the San Gabriel
Valley Tribune.
Kathy Wilson, TC Pony League, presented a number of items
from Japan which were presented to the City from dig-
nitaries throughout Japan while the team was on the Pony
League Baseball Friendship Series.
Mary Lou Swain was given a gavel from the Senior Citizens
Club who had received it from the Temple City Kiwanis Club
in 1964. The Senior Citizens Club requested it be put in
the archives.
5. CONSENT CALENDAR:
Councilman Atkins requested to remove Item 5.E. and Coun-
cilman Gillanders requested Item 5.H. be removed from the
Consent Calendar. Councilman Atkins moved to approve the
remainder of the Consent Calendar as recommended, seconded
by Councilman Froehle and unanimously carried.
City Council Minutes, September-6, 1988 - Page 2
A. APPROVAL OF MINUTES - Regular Meeting of August 16,
1988
Approved as written.
B. RECOMMENDATION FROM PARKS & RECREATION COMMISSION:
REQUEST RECEIVED FROM CALIFORNIA ASSOCIATION OF STUDENT
COUNCILS-
Council approved the use of Live Oak Park on a fee -free
basis by the California Association of Student Coun-
cils on October 20, 1988, subject to the required
Certificate of Insurance.
C. REPAINTING OF ORNAMENTAL STREET LIGHT POLES -
Council approved the project and authorized the solici-
tation of bids.
D. RESOLUTION NO. 88 -2805: ADOPTING A PROGRAM OF VOLUNTARY
WATER CONSERVATION TO REDUCE WATER CONSUMPTION BY TEN
PERCENT.
Council adopted Resolution No. 88 -2805 which approved a
program of voluntary water conservation.
F. REQUEST FOR TEMPORARY USE OF CUL -DE -SAC FOR WEDDING
RECEPTION-
Council approved the use of the cul -de -sac of Harker
Avenue on October 15, 1988 from 3:30 -10:00 p.m. for
wedding reception.
G. CITY MANAGER VACATION REQUEST -
Council approved the City Manager vacation request
for September 12 -16 and October 27- November 11, 1988.
I. PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING
OF AUGUST 23, 1988 -
Council received and filed.
J. RESOLUTION NO. 88 -2806: APPROVAL OF BUDGETED PERSONNEL
Council adopted Resolution No. 88 -2806 approving the
appointment of budgeted personnel.
K. RESOLUTION NO. 88 -2807: APPROVAL OF PAYMENT OF BILLS
Council approved the payment of warrants and demands in
the amount of $491,359.35.
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City Council Minutes, September -6, 1988 - Page 3
E. PERSONNEL: APPROVE NEW PART TIME MAINTENANCE POSITION
Councilman Breazeal moved that this be continued until
the next meeting so that more information could be pre-
sented to the Council regarding the cancellation of the
agreement with 30 days' notice and the total
savings /cost to the City, seconded by Councilman
Froehle and unanimously carried.
H. CLAIM FOR DAMAGES: 1) WEST, ELSIE
2) MERCURY CASUELTY /MICHAEL GOLD -
RICK
3) MONGE, ADRIAN
Councilman Gillanders stated the procedure should be
referred to Carl Warren who will turn them over to
County counsel to defend.
Councilman Gillanders moved to deny the claims received
against the City and refer to JPIA, seconded by Coun-
cilman Atkins and unanimously carried.
6. UNFINISHED BUSINESS:
A. SIX -MONTH REVIEW: CONDITIONAL USE PERMIT 88 -902 AND
ZONE VARIANCE 88 -905 AT 4516 TEMPLE CITY BOULEVARD
(ERNESTINE PEREZ)
City Manager Koski provided background information
stating that at the City Council meeting on March 1,
1988, the City Council approved a Conditional Use
Permit and Variance to allow the operation of a restau-
rant with 3 parking spaces instead of the required 5
parking spaces at 4516 Temple City Boulevard. The
request was approved with a stipulation that the case
be reviewed in 6 months. If adverse effects were iden-
tified, the case was to be referred back to the City
Council for additional scrutiny. Staff has continued
to monitor the operation at the subject restaurant and
has found no difficulties arising from its operation.
In the past 30 days the site has been visited on sev-
eral occasions by three different staff members and no
parking problems or other adverse effects were identi-
fied.
Councilman Atkins moved to confirm the approval of the
Conditional Use Permit 88 -902 and Zone Variance 88 -905,
seconded by Councilman Gillanders and unanimously
carried.
City Council Minutes, September-6, 1988 - Page 4
B. PROPOSED CLOSURE OF L.A. COUNTY REGIONAL MENTAL HEALTH
FACILITY -
City Manager Koski provided background information
stating that the City Council, at their regular meeting
of August 16, 1988, received a copy of a Resolution
adopted by the City Council of Arcadia opposing the
closure of the L.A. County Mental Health Facility
located at 330 East Live Oak Avenue, Arcadia. Staff
was requested to investigate the matter and determine
the extent of impact upon the residents of Temple City
should the facility be closed. Vic Kobett has met with
the County personnel at the location and has provided
Council with an overview of the type of services that
are provided to the community. It is apparent that a
variety of services are available and that a number of
residents probably have utilized these services due to
having the health facility in close proximity. It
would appear that the closure of the facility would be
a hardship on certain residents in the area. This item
has been on the news from the standpoint of a court
order which requires that the facility at least remain
open for a temporary period of time. In the interim,
it is suggested that the County Supervisor be made
aware of the importance of the facility to the commu-
nity.
Councilman Breazeal stated the letter should include
the use of the facility by the Psychiatric Evaluation
Team and the Sheriff's Department.
Councilman Atkins moved that a letter be sent to Super-
visor Schabarum, seconded by Councilman Breazeal and
unanimously carried.
C. PROPOSED INSTALLATION OF STEEL BANNER POLES AND CITY
ENTRANCE SIGNS -
City Manager Koski provided background information
stating that the City Council, at their regular meeting
of August 16, 1988, requested cost estimates for in-
stallation of two steel banner poles at the intersec-
tion of Lower Azusa Road and Temple City Boulevard. The
staff has ascertained that the City currently has three
steel banner poles in storage at the La Rosa Mainte-
nance Facility, which are suitable for installation.
The purchase price for new poles is approximately $800
per unit. The total cost for installation of two
banner poles, including foundation, anchors and cable
is estimated at $4,200 per the Los Angeles County
Public Works Technical Services Division.
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City Council Minutes, September-6, 1988 - Page 5
Additionally, the Council had requested information
regarding the status of City Entrance Signs throughout
the City, which included total costs for sign placement
at all entrances and one immediate installation at
Lower Azusa Road and Temple City Boulevard. Staff
estimates the total cost for posting City Entry Signs
at all recommended locations to range from $836 to
$2,420 per price information obtained from various sign
manufacturers.
Mayor Swain felt the banner poles and City Entrance
Signs should be addressed separately.
Councilman Breazeal stated he had informed the Revi-
talization Committee that a commitment would be needed
from the business district. There apparently has not
been any petition or request from the Revitalization
Committee. Therefore, Councilman Breazeal feels that,
due to the lack of interest and the high cost, the
steel strain poles should not be purchased.
Councilman Gillanders stated that the three poles were
removed from Las Tunas due to the involvement and
ultimate responsibility for two claims against the City
which cost the City over $500,000. The basis of the
decision was that the City was negligent to install a
steel pole for a non - governmental purpose.
Mayor Swain indicated she would be in disagreement with
installing cable across the intersection as is occa-
sionally done on the corner of Las Tunas and Temple
City Boulevard due to the increase in probability of
additional cases of liability and litigation. Addi-
tionally, the cost of putting up banners has become
exhorbitant.
Councilman Gillanders moved to deny installation of two
steel strain poles at Lower Azusa and Temple City
Boulevard, seconded by Councilman Froehle and unani-
mously carried.
Councilman Froehle felt the city entrance sign project
should begin with those signs which are missing and
then continue through the list. In addition, he stated
that this would be a good time to review and correct
any lack of overnight parking signs.
Councilman Atkins moved to approve the installation of
'engineer grade' city entrance signs, additional over-
night parking signs, if needed, and approved the budget
amendment, seconded by Councilman Froehle and unani-
mously carried.
City Council Minutes, September-6, 1988 - Page 6
D. S.A.N.E. PROGRAM: SUBSTANCE ABUSE NARCOTICS EDUCATION
City Manager Koski providing background information
stated that the City Council at their regular meeting
of July 19, 1988, held a study session for the purpose
of hearing a presentation on the SANE Program by Sgt.
Wilma Morris of the Los Angeles County Sheriff's De-
partment. Following the presentation, Council re-
quested the item be placed on a future Agenda for
consideration. Subsequently, Councilman Froehle and
City Manager Koski met with Assistant Superintendent
Dick Harris to obtain additional information as to how
the program will be implemented in the Temple City
Unified School District. In addition, we have met with
the School Superintendent, Wes Bosson, to discuss the
merits of the program and alternative approaches to
addressing the overall problem of substance abuse. The
program would be directed to 5th and 6th grade stu-
dents, and it teaches them how to make decisions,
resist peer pressure and enhance their self- image.
Councilman Froehle asked that staff contact Sgt. Morris
one more time regarding whether this program would be
just 5th and 6th grade, as was originally discussed or
would it also include the 4th grade level.
Councilman Atkins stated that Sherman Block is emphatic
about the fact this problem starts in the 4th grade.
Councilman Breazeal moved to approve the program,
appropriate funds in the amount of $24,302.08 and amend
the adopted budget accordingly, seconded by Councilman
Froehle and unanimously carried.
7. NEW BUSINESS:
A. REVIEW OF PROPOSED 1988 AIR QUALITY MANAGEMENT PLAN
REVISION (As prepared by SCAQMD and SCAG)
City 'Manager Koski provided background information
stating that the City of Temple City has been requested
to comment on Policy Proposals for the 1988 Air Quality
Management Plan. The Staff has reviewed the proposed
measures contained in the Draft 1988 Air Quality Man-
agement Plan. The review has been directed to those
proposals which directly affect local government. Many
other proposed control measures will have substantial
impact on the private sector both economically and in
terms of their ability to survive in the region. City
Manager Koski indicated that a representative from the
Air Quality Management District was invited to attend
the meeting and answer any questions the Council may
have as well as give a short presentation.
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City Council Minutes, September -6, 1988 - Page 7
Ms. Cher Snyder, SCAQMD, gave a short presentation to
the Council regarding the Policy Proposals for the 1988
Air Quality Management Plan. She stated that this area
is the only area in the country which currently exceeds
nitrogen dioxide standards. This area currently ex-
ceeds federal standards for particulent matter and
carbon monoxide by roughly 200% and the ozone standard
by almost 300 %. Therefore, indicating a significant
air quality problem. It is the responsibility of the
District to come up with some solutions to this prob-
lem. In addition, the state air quality standards are
even more stringent than the federal standards. She
also indicated that if all the measures which had been
described in the policy proposals were implemented, we
would still come close but not quite make the ozone
standard by the year 2007. Ms. Snyder described to the
Council the 'tier strategies' of the SCAQMD. In terms
of the role of local government in aiding in the
reduction of air pollution, it is recommended that
cities adopt a series of ordinances and resolutions in
support of municipal transportation plans, off peak
hour truck delivery schedules, staggering work sched-
ules and synchronizing traffic signals to improve
traffic flow. Additionally, the participation of mu-
nicipalities is encouraged, in the usage of methanol
vehicles which would be phased in over a period of
time.
Mayor Swain stated that it is her opinion this document
is a growth control document not an air pollution
document. She feels that the district is trying to
control the total living habits of citizens and she
does not believe this is constitutional since it is
done by a regulatory agency with total power. Addi-
tionally, the proposal talks about using substances and
methods not even invented.
Councilman Gillanders stated that methanol fuel costs
$1.50 per gallon and has approximately 48% the amount
of energy that gasoline does and you will use 2.5 times
more methanol than gasoline. Nitrogen Dioxide comes
about by virtue of super heated air or super heated
gases which form an oxide of nitrogen and the largest
contributor is diesel vehicles and there has been no
attempt to regulate diesel vehicles and trucks.
Councilman Atkins stated that he felt this proposal
was a self - fulfilling prophecy_ since by the time Tier 3
is reached there will be no industry. The steel indus-
try has been lost as well as most of the aircraft
industry and the tire industry.
City Council Minutes, September-6, 1988 - Page 8
Councilman Breazeal indicated that it was his opinion
that the plan was economically deficient and it totally
ignores the substantial adverse effect on small busi-
ness. Small business accounts for 44% of all of the
existing employment; and, if this plan were put into
effect, it would have a devastating effect not only on
existing business but also new businesses.
Councilman Froehle thanked Cher Snyder on behalf of the
Council for attending and patiently hearing the Coun-
cil's views on this issue.
Mayor Swain also stated that from an economic view-
point, local government always objects to state man-
dated programs which are extremely costly to industries
and businesses and which do not offer financial relief.
She also requested that the SCAQMD make an even greater
effort to educate the general public on this proposed
plan.
Ms. Cher Snyder strongly urged Council to formalize
their opposition in writing and send to the SCAQMD.
Councilman Gillanders moved to formally oppose the
Proposed 1988 Air Quality Management Plan Revision as
prepared by SCAQMD and SCAG, which will be reviewed by
Council prior to sending, seconded by Councilman Atkins
and unanimously carried.
B. PUBLIC HEARING: APPROVAL OF TENTATIVE TRACT MAP NO
46590 AND CONDITIONAL USE PERMIT 88 -936 AT 6029 -33
CAMELLIA AVENUE (ROSE PARK INTERNATIONAL, INC.)
City Manager Koski provided background information
stating that the applicant proposes to develop six (6)
detached condominium units on a 18,500 square foot, R -3
zoned site. The applicant has proposed a two story
detached unit concept in order to simulate a single
family residential development. The 2 units closest to
Camellia Avenue have been designed with the main
entrances facing the street. The proposed density of
approximately 14 dwelling units per acre is substan-
tially less than the maximum permitted density of 24
dwelling units per acre. The existing general plan
designation and zoning would allow a maximum of ten
(10) dwelling units. Six (6) units are being proposed.
The proposed development meets all the development
standards for condominium projects in the R -3 zone. The
Planning Commission considered this application at
their regular meeting of August 9, 1988 and recommends
approval.
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City Council Minutes, September-6, 1988 - Page 9
Mayor Swain declared the public hearing open and in-
vited anyone wishing to address the City Council on the
matter to come forward at this time.
As no one wished to speak on this matter, Councilman
Gillanders moved to close the public hearing, seconded
by Councilman Froehle and unanimously carried.
Councilman Atkins stated he did not have a problem with
the project since the density is fairly consistent with
the surrounding area.
Councilman Gillanders indicated that this request would
only develop the lot to an R -2 density and concurred
with Councilman Atkins.
Councilman Breazeal moved to approve Tentative Tract
Map 46590 and CUP 88 -936, with conditions as required
by staff, and approve Negative Declaration, seconded by
Councilman Atkins and carried unanimously.
C. PUBLIC HEARING: A CODE AMENDMENT RELATING TO MODIFICA-
TION OF SIDE AND REAR YARD SETBACKS REQUIRED ON M -1
ZONED PROPERTIES OPPOSITE OR ABUTTING "R" ZONED PROPER -
TIES-
City Manager Koski provided background information
stating that on April 12, 1988, the Planning Commission
adopted a resolution recommending that the side and
rear yard requirements be eliminated for M -1 zoned lots
except when such lots abut a side lot line of an "R"
zoned parcel. The City Council considered this recom-
mendation on May 17, 1988, and requested that the
Planning Commission consider a recommendation to com-
pletely eliminate side and rear yard requirements for
M -1 zoned parcels. At their regular meeting of July
12, 1988 the Planning Commission adopted a resolution
recommending the total elimination of side and rear
yard setbacks for M -1 lots. It should be noted that
only 10 lots within the City are situated in such a way
so as to be affected by this change.
Mayor Swain declared the public hearing open and in-
vited anyone wishing to address the City Council on the
matter to come forward at this time.
As no one wished to speak on the matter, Councilman
Gillanders moved to close the public hearing, seconded
by Councilman Breazeal and unanimously carried.
City Council Minutes, September -6, 1988 - Page 10
Councilman Atkins moved to approve the Negative Decla-
ration and introduce for first reading by title only
Ordinance No. 88 -632, seconded by Councilman Breazeal,
and unanimously carried.
D. PUBLIC HEARING: A CODE AMENDMENT PERTAINING TO ACUPRES-
SURE ESTABLISHMENTS -
City Manager Koski provided background information
stating that on June 16, 1987, the City Council intro-
duced Ordinance 87 -601 for first reading. This ordi-
nance, which established certain regulations for
acupressure businesses, never received a second reading
or adoption because it did not address the zoning
restrictions. Subsequently, a previously adopted ur-
gency ordinance which prohibits acupressure businesses
was extended and will expire on February 5, 1989. Staff
has continued to study the matter of acupressure busi-
nesses. On July 26, 1988, the Planning Commission
voted to recommend that acupressure establishments be
permitted in those areas where adult businesses are
currently allowed. In effect, adult businesses are
limited to the M -1 and M -2 zoned areas south of Lower
Azusa Road. Although the area which would be available
for acupressure establishments is rather limited, the
amount of land area within the City zoned for commer-
cial and manufacturing uses is also quite small. Only
6% of the total land area within the city is zoned for
commercial and manufacturing uses. Percentage -wise,
acupressure establishments would be permitted in ap-
proximately 17% of the land area Zoned "C" or "M ".
To clarify this matter, this public hearing relates
only to the recommended Zoning Code amendment which
would permit acupressure businesses with a Conditional
Use Permit in the same locations as adult businesses.
The previously considered Ordinance No. 87 -601, which
contains additional requirements for establishing such
a business, would be scheduled for second reading and
adoption at the next City Council meeting.
Mayor Swain declared the public hearing open and in-
vited those who wish to address the City Council on the
matter to come forward at this time.
As no one wished to speak on this matter, Councilman
Gillanders moved to close the public hearing, seconded
by Councilman Froehle and unanimously carried.
Councilman Gillanders moved to approve the Negative
Declaration and introduce for first reading, by title
only, Ordinance No. 88 -640, seconded by Councilman
Froehle, and unanimously carried.
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City Council Minutes, September-6, 1988 - Page 11
E. MUNICIPAL CODE AMENDMENT RELATING TO LOITERING (SECTION
4121)-
City Manager Koski provided background information
stating that the proposed amendment to the Temple City
Municipal Code was initiated by Councilman Froehle's
suggestion that Section 4121, relating to loitering,
incorporate definitive language. The proposed draft
has been reviewed by the Office of the Sheriff who
supports the revisions. The City Attorney has reviewed
and prepared the proposed ordinance which is now ready
for Council consideration and adoption, subject to any
revisions.
Councilman Gillanders moved to introduce for first
reading by title only, Ordinance No. 88 -639, seconded
by Councilman Breazeal and unanimously carried.
8. COMMUNICATIONS:
A. EXPANSION OF SUNSHINE CANYON LANDFILL -
City Manager Koski provided the background information
stating that the City had received a request from Mr.
Gregg R. Short of Browning Ferris Industries (BFI) to
endorse in writing a request by BFI, before the L.A.
County Board of Supervisors, for the expansion of
Sunshine Canyon Landfill.
Councilman Gillanders moved to support the request for
expansion of Sunshine Canyon Landfill and send a letter
to the County Board of Supervisors urging their ap-
proval of the request for expansion, seconded by Coun-
cilman Atkins and unanimously carried.
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Marianne Milch, invited everyone out to Gloria's Restaurant
for her Grand Opening. Regarding the Steel Strain Pole
decision, she stated the Chamber will find other ways to
decorate in that area of the City.
RECESS TO CRA:
At 9:34 P.M., the City Council recessed to meet as the
Temple City Community Redevelopment Agency; approved the
Minutes of the August 16, 1988 meeting, denied requests to
rent property in Block A for Christmas Tree Sale Lot, and
adopted Resolution No. CRA 340 authorizing payment of
bills. The Minutes of the Agency are set forth in full in
the Agency's records.
City Council Minutes, September-6, 1988 - Page 12
RECONVENE AS CITY COUNCIL
10. ACTION ON REQUEST BY CRA: None.
11. MATTERS FROM CITY OFFICIALS:
Councilman Froehle brought up the young lady who found a
purse containing a large sum of money and returned it to
its owner. It was his suggestion that she be invited to a
meeting for recognition. He also stated that Council
should consider some recognition for the volunteers at
Temple Sheriff's Station.
12. ADJOURNMENT:
On motion by Councilman Atkins, seconded by Councilman
Breazeal, the meeting of the City Council was adjourned at
9:50 P.M. The next regular meeting will be held on Septem-
ber 20, 1988, at 7:30 P.M. in the Council Chambers, 5938
North Kauffman Avenue, Temple City.
ATTEST:
ief Deputy City C1`
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