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HomeMy Public PortalAboutCity Council_Minutes_1989-01-03_Regular 19891 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES JANUARY 3, 1989 INITIATION: 1. CALL TO ORDER: Pursuant to Agenda posted on December 30, 1988, Mayor Swain called the meeting of the City Council to order at 7:30 P.M. on Tuesday, January 3, 1989. 2. The invocation was given by Reverend Charles Woodworth, First United Methodist Church, 5957 North Golden West Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Swain. 4. ROLL CALL: Present: Councilmen Atkins, Breazeal, Froehle, Gillanders and Swain Also Present: PRESENTATION: City Attorney Martin, Community Development Director Dawson, Public Works Coordinator Peterson, Parks and Recreation Director Kobett, Temple City Times Staff Writer Estrada, Pacesetter Staff Writer Holtzclaw and Pam Medve of the .San Gabriel Valley Tribune Mayor Swain on behalf of the Council and citizens of Temple City presented a Certificate of Appreciation to Jack Hill for his service to the City. Jack, a retired City employee, came back as a part -time employee and took on the responsibility of setting up Council Chambers for evening meetings. His presence and depend- ability will be sorely missed at City Hall. Jack accepted the certificate with the statement - "It has been a pleasure." 5. CONSENT CALENDAR: Councilman Breazeal requested Item B. be removed from the Consent Calendar. On motion by Councilman Atkins and seconded by Councilman Gillanders the remainder of the Consent Calendar was approved as presented. A. APPROVAL OF MINUTES - Regular Meeting of December 20, 1988 Approved as written, with Councilman Gillanders abstain- ing. City Council Minutes, January 3, 1989 - Page 2 C. GOVERNMENTAL FINANCE OFFICERS ASSOCIATION MONEY MARKET/ - CASH MANAGEMENT SEMINAR, FEBRUARY 15 -17, 1989, SAN DIEGO - Council approved City Treasurer's attendance at the GFOA's Money Market /Cash Management Seminar in San Diego and authorized the necessary expenditures. D. LEAGUE OF CALIFORNIA CITIES - CITY MANAGERS DEPARTMENT ANNUAL MEETING, FEBRUARY 15 -17, MONTEREY - Council approved City Manager's attendance at the above - referenced annual meeting and authorized the necessary expenditures. E. RESOLUTION NO. 89 -2835: APPOINTMENT OF PERSONNEL - Council Adopted Resolution No. 89 -2835 approving the appointment of budgeted personnel. F. RESOLUTION NO. 89 -2836: APPROVAL OF PAYMENT OF BILLS - Council adopted Resolution No. 89 -2836 approving claims and demands in the amount of $278,983.20. B. OFFER OF DONATION FROM KIWANIS CLUB OF TEMPLE CITY - Councilman Breazeal wished to publicly thank the Kiwanis Club for their donation to the Parks & Recreation Depart- ment's "Holiday Basketball Free Throw Contest." He felt it was gratifying to see a local club work in tandem with the City and he expressed his appreciation. Councilman Breazeal moved to accept the donation of $50 from the Kiwanis Club of Temple City for the "Holiday Basketball Free Throw Contest" and to send a letter of appreciation to the Kiwanis Club, seconded by Councilman Gillanders and unanimously carried. City Manager Koski stated the Kiwanis Club has been sub- mitted as a nominee for possible recognition for their community service. They were selected by District 13 of the California Parks & Recreation Society. They will receive special recognition at a function to be held on January 13, 1989. 6. UNFINISHED BUSINESS: None 1 City Council Minutes, January 3, 1989 - Page 3 7. NEW BUSINESS: A. PUBLIC HEARING: ZONING CODE AMENDMENT TO REPEAL THE R -4 SECTION OF THE ZONING CODE AND DELETE ALL REFERENCES TO THE R -4 ZONE IN THE CODE - City Manager Koski, providing background information, stated that as a result of the General Plan revision in 1987, the maximum residential density was reduced from 36 du /acre to a maximum of 24 du /acre. The City completed the rezoning of property which was inconsistent with the adopted General Plan and, consequently, there is no R -4 zoned property in the City of Temple City. Mayor Swain declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward at this time. As there was no one who wished to speak on this item, Councilman Gillanders moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Councilman Atkins moved to approve the Negative Declara- tion and introduce for first reading by title only Ordi- nance No. 89 -643, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING A ZONING CODE AMENDMENT TO REPEAL THE R -4, LIMITED COMMERCIAL RESIDENTIAL ZONE, AND DELETE ALL REFERENCE TO THE R -4 ZONE; seconded by Council- man Gillanders and unanimously carried. B. PUBLIC HEARING: ZONING CODE AMENDMENT RE: ADULT ORIENTED VIDEO RENTAL BUSINESS - As background information, City Manager Koski stated this Code Amendment further, defines an "Adult Business" to specifically exclude video rental stores that sell or rent adult videos as an incidental portion of their overall video rental business. A strict interpretation of our current Adult Business Ordinance would categorize six of the eight video sales and rental stores within the City as adult businesses. This Code Amendment addresses in par- ticular the video rental businesses within the City. However, the City Attorney has raised some concerns re- garding other aspects of the Adult Business Ordinance. The matter before Council only relates to a proposed amendment to exclude the video rental businesses from being consid- ered adult businesses subject to specific regulations listed in the draft Ordinance. City Council Minutes, January 3, 1989 - Page 4 City Attorney Martin said the zoning and regulation of adult businesses is a fast operating field and constantly changing. They try to keep pace by various court deci- sions and more and more court decisions have announced that the video shop, such as are in Temple City, to the extent it might occasionally sell an X -rated film, is not necessarily an adult business. This ordinance takes video stores out of the adult business section and puts them in a separate classification of their own provided they conform to regulations, primarily the monitoring of minors and children taking the X -rated films. Answering questions from Council regarding the terminology "incidental portion" of a business, Attorney Martin agreed it is vague and the only definition that can be given is it is not primary. Ultimately it is for a jury to decide if the primary business operation is for X -rated films or that they are just incidental. Cities that have tried to decide if a business is an adult business or not by setting allowable percentages have not withstood the test of the courts. Councilman Gillanders questioned why the City did not regulate the video businesses under a separate ordinance and deal with security on the X -rated tapes, etc. Why not just remove them from the Adult Business category and then regulate the video stores separately. He felt the present wording in the proposed Ordinance would render it inef- fective. Councilman Gillanders favored segregation of the X -rated films, perhaps in locked cabinets, which would require a conscious effort on the part of the Manager to get the video. Attorney Martin stated that as long as questions exist perhaps this item should-be held over to take another look at it. Mayor Swain declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward at this time. Bob Pitts, 5312 Degas Ave., asked the City Attorney if there were any restrictions to viewing the X -rated videos within the store. Mr. Pitts also asked for clarification on advertising adult films such as on the windows, etc. Attorney Martin in reply stated the viewing of films in the store is prohibited and the monitoring of the adult video section must be continued at all times. Restriction No. 6 states "No displays, posters, advertisements or promotional materials for adult videos shall be visible from inside or outside the store...." 1 1 1 City Council Minutes, January 3, 1989 - Page 5 Mayor Swain then read the seven restrictions as listed in the proposed Ordinance 89 -644. Barbara Messina,(City Councilman from Alhambra) 1101 So. Second St., stated she was in attendance at the request of some Temple City residents because of her previous experi- ence dealing with an adult business in Alhambra. She felt the ordinance being considered by Council was very similar to the one drawn up by the City of Alhambra pertaining to video stores. The ordinance passed in Alhambra addressed all adult material, which includes magazines, newspapers, etc. The Liquor Stores and 7 -11 Stores now receive adult material in wrappers. Ms. Messina agreed with Councilman Gillanders in that the video stores should be regulated separately and felt the key issue would be enforcement. Sherry Passmore Curtis, P.O. Box 1332, Temple City, commented that the City might control this situation by requiring any business dealing with adult material must have a conditional use permit. Hermosa Beach presently uses the conditional use permit as a control. Ms. Pass - more, answering questions from Council, said the Hermosa Beach ordinance has been tested in court and the city won. Cecelia Ruda, 9716 E. Olive St., expressed her concern regarding the wording "incidental use." Who will check on the actual percentage of adult films being sold /rented. Also, Ms. Ruda questioned if there was a way to audit, say through the sales ticket indicating adult video sales/ - rentals. She also questioned why the six or seven video stores in town were allowed to offer adult material at all. City Attorney Martin then referenced several cases to indicate percentages cannot set the criteria for determin- ing an adult business. Primary versus incidental becomes a case for a jury. The City will monitor and inspect and if it appears to be primarily adult-then the City will prosecute. Mayor Swain indicated the City has a Code Enforcement Officer and he could monitor the video stores on a regular basis and if it was felt the business was not complying, then the City could prosecute and it would ultimately end in court. Mayor Swain stated by Federal Law they cannot prohibit video stores from renting /selling adult videos. At the request of Councilman Froehle, Mayor Swain called a short recess of the meeting at 8:05 P.M. Mayor Swain reconvened the City Council meeting at 8:12 P.M. City Council Minutes, January 3, 1989 - Page 6 Mary Torres, 5822 Alessandro, asked if the City had par- ticular rights in that they had the right to vote on fireworks, so wouldn't they have the right as a City regarding pornography and adult videos. She also asked how the stores would be monitored. Several video stores in town have an adult section, so marked, but children can still see the pictures on the boxes. Can the showing of the adult boxes be limited? Councilman Breazeal quoted a ruling that stated adult businesses cannot be restricted on the basis of a subjec- tive judgment that such businesses are not desirable. Mayor Swain stated the City can control the area in which the material is placed, whether or not it is in view and the advertising, but as far as placing a percentage, the City Attorney has said we cannot place a percentage on the sales because it has already been declared unconstitu- tional. City Attorney Martin said the intent of the ordinance is that the "Adult Only" section shall be available by access and visual inspection at all times. The idea is to keep children out of this section. All video stores have adult sections. If the adult section is situated so children can look in then he felt they would want to correct this. Attorney Martin further stated they can restrict the showing of the "adult only" video display boxes. Paul Hogan, 6026 Cloverly, stated he had contacted a number of people regarding this issue and submitted a petition signed by citizens in the City opposed to some of the recommended changes, a list of some of the videos that are offered in three of the stores and actual court cases for review by the City -Attorney. Mr. Hogan referred to several court cases and in particular a South Carolina case where regulation of the sale /rental of videos was through zoning and was upheld in court. City Attorney Martin stated he was familiar with most of the adult business cases that have come down from the courts under the Federal jurisdiction which relates to the Federal Constitution rather than the individual State Constitutions or individual state court decisions. The most recent case which triggered the present ordinance and the one to follow is Whittier vs. Walnut Theaters case, in which the court again affirmed that there is no way any city has any power to control the material being distrib- uted and any attempt to control the material or to zone the material is patently invalid. What can be controlled is not the subject matter but the side effects. 1 1 1 City Council Minutes, January 3, 1989 - Page 7 If a City feels adult business or any business in a par- ticular zone is going to cause traffic problems, criminal problems, waste, litter, etc., then. the City can designate the location. No attempt may be made to control the material itself. Secondary impacts and effects may be controlled. Whittier tried to limit the locations of adult businesses to five locations. The Federal Court of Appeals ruled the ordinance invalid. This caused Temple City some concern because if in Whittier 5 locations were not sufficient to have a court sustain an allocation by zoning of the adult businesses, then how many would be too few in Temple City. Another case referenced was the Houston case where 100 locations in the City of Houston was enough. Temple City has an ordinance that restricts all adult businesses to a certain area in town. The question is not where they are located, but what consti- tutes an adult business. Regarding previous statements made to require a CUP to regulate adult businesses, City Attorney Martin did not feel nor did the courts sustain that you must apply for a conditional use permit to exercise your First Amendment rights. He could not recommend a CUP for every adult business because he felt it would be struck down. William Bretz, 8723 Hermosa, stated he is a businessman and has been dealing with regulations for years. He felt the ordinance is to help the businessman understand what the City wants. "Incidental" is a vague term and when used in the ordinance the businessman will not completely understand what the law is. Barbara Messina, 1101 So. Second Street, Alhambra, stated if you feel you cannot regulate what happens in your city, because you are governed by State Representatives, then it is important to write to your Representatives and let them know you are dissatisfied with the system as it now stands. Attorney Martin said that when the Community Standard Test was lost to everyone, the right to ban in Temple City what does not conform to the standard of Temple City was lost. Now the City must -allow everything allowed state- wide. As there was no one else who wished to speak on this issue, Councilman Gillanders moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. City Council Minutes, January 3, 1989 - Page 8 Councilman Gillanders moved to take the information they have and the information just presented pertaining to adult video rental businesses and request the City Attor- ney to draft an appropriate ordinance to be presented at a later date, seconded by Councilman Atkins and unanimously carried. Councilman Breazeal felt they should take a hard look at the location within the physical premises. As Councilman Gillanders said, the logistics are important. C. LEAGUE OF CALIFORNIA CITIES - PROPOSED DUES INCREASE FOR 1989 - Mayor Swain said a letter was received from the League of California Cities regarding a proposed dues increase for 1989. She requested staff to check with the League as to why there were some specific increases when in the 1988 budget less was actually spent than budgeted and yet on some of these items they were asking for several thousand dollars more in the 1989 budget - salaries, conferences and institutes were among these. The information received by staff from the League of California Cities was included in each Councilman's packet. Council discussed this item and differing opinions were expressed - the League favored the larger cities, the benefit to Temple City was questioned, their annual train- ing sessions are worthwhile, the legislative monthly bulletin is invaluable, the legislative monthly bulletin is slanted to favor the larger cities, for the amount of dues being paid the City cannot afford not to belong, if the City is to become a dues - paying member perhaps it should become more active in the organization. Councilman Froehle moved to continue Temple City's in- volvement in the League of California Cities and pay the dues, including the $193.00 increase, seconded by Coun- cilman Breazeal and carried on a roll call vote as fol- lows: ROLL CALL: AYES: Councilman Atkins, Breazeal, Froehle, Swain NOES: Councilman Gillanders 1 1 1 1 City Council Minutes, January 3, 1989 - Page 9 8. COMMUNICATIONS: METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA - Mayor Swain stated she received a letter from the MWD regard- ing a report that will go before the State Water Resources Control Board early this year. Also, a letter was received from Water and Power Associates, Inc. on the same subject. If the proposed plan is implemented, Metropolitan Water District would be limited to the amount of water used from the State Water Project in 1985 which does not take into consideration the loss of water from the Colorado River or the region's popu- lation growth. Also, it would require the state conserve 1.2 million acre -feet of water a year with 92% of this reduction assigned to Southern California. Councilman Atkins stated the letter is clear. The bottom line is the fish in the delta are more important than the residents in Southern California. They are not only asking to hold water consumption in Southern California to what it is now, but they are asking it to be reduced - cutting it in half by year 2000. At the same time they plan to release millions of acre feet of water into the delta to protect the fish. Councilman Atkins moved to contact the State Water Resources Control Board and state Temple City's feelings, seconded by Councilman Froehle and unanimously carried. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Sherry Passmore Curtis, P.O. Box 1332, wanted to address items on the CRA Agenda and was told she would be given time to speak during the Agency meeting. Bob Pitts,5312 Degas Ave., referred to an item mentioned last month regarding election reforms. He encouraged Council to hold a public hearing on this matter. Election reforms as previously outlined would result in a savings ,to the City. RECESS TO JOINT MEETING WITH CRA: JOINT MEETING: BY CITY COUNCIL AND THE COMMUNITY REDEVELOP- MENT AGENCY ON CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR BLOCK "A" OF THE ROSEMEAD REDEVELOPMENT PROJECT - At 8:55 P.M. Council and the Community Redevelopment Agency held a joint public hearing on the Certification of the Final Environmental Impact Report for Block "A" of the Rosemead Redevelopment Project. Council /Agency adopted Resolutions 89 -2834 and CRA 351 certifying the Final Environmental Impact Report, and Resolutions 89 -2837 and CRA 353 adopting a moni- toring program. The Minutes of the joint meeting are set forth in full in the Agency's records. City Council Minutes, January 3, 1989 - Page 10 CONVENE AS CRA: At 10:00 P.M., the City Council met as the Temple City Commu- nity Redevelopment Agency; approved the Minutes of the Decem- ber 20, 1988 meeting and approved request for adjournment to closed session to review with the Agency Negotiator the sale and purchase of properties in Block "A" currently owned by the Agency. The Minutes of the Agency are set forth in full in the Agency's records. 10. ACTION ON REQUEST BY CRA: None 11. MATTERS FROM CITY OFFICIALS: Councilman Breazeal extended his congratulations to Deputy Dave Christie on his new assignment. Mayor Swain reported she was attending a meeting on Thursday of the City Selection Committee to select a member to the Air Quality Management Board. She also received a letter from the Los Angeles County Community and Senior Citizens Services designating May 20, 1989 as Older Americans Recognition Day and directed Parks & Recreation Director, Vic Kobett, to follow through and perhaps present a candidate from Temple City to receive this recognition. 12. On motion by Councilman Breazeal, seconded by Councilman Froehle , the meeting of the City Council was adjourned at 10:10 P.M. The next regular meeting will be held on January 17, 1989, at 7:30 P.M. in Council Chambers, 5938 North Kauffman Avenue, Temple City. 1