HomeMy Public PortalAboutCity Council_Minutes_1989-01-03_Regular 19891
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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
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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...."
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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.
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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
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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.
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