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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. 1 1 1 1 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. 1 1 1 1 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. 1 1 1 1 1 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. 1 1 1 1 1 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. 1 1 1 1 1 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` 1