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HomeMy Public PortalAboutCity Council_Minutes_1995-12-05_Regular 19951 1 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES DECEMBER 5, 1995 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted December 1, 1995, Mayor Breazeal called the meeting of the City Council to order at 7:30 p.m. on Tuesday, December 5, 1995. 2. ROLL CALL: PRESENT: Councilman - Budds, Gillanders, Souder, Wilson, Breazeal ALSO PRESENT: City Manager Riley, City Attorney Martin, Community Development Director Dawson, Community Services Manager, Financial Services Director Maldonado and Public Services Director Hart 3. The invocation was given by Pastor Jim Park, Seventh Day Adventist Church, 9664 East Broadway, Temple City. 4. The Pledge of Allegiance to the Flag was led by Robert McGinnis. 5. CEREMONIAL MATTERS None 6. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Virginia Adams, 5820 Primrose, spoke regarding the motor home that has been parked in front of her home for over 60 days. The vehicle currently has a temporary parking permit which will expire on December 11. She questioned how this individual could continue to obtain a temporary permit. She also pointed out that a resident is repairing his vehicle in the alley at 9554 Workman. She asked for the status of the Public Safety Commission's review of the off street parking ordinance. She pointed out that damage was done to the grass area around the city parking lot and asked when repairs would be done. Public Services Director Hart explained that the permits issued for that particular vehicle have been issued in accordance with the Code. An attempt is being made to work with the registered owner to store the vehicle off the street. The Public Safety Commission will review the off street parking the second Wednesday of December. He also stated that vandalism occurred at the Primrose parking lot and hydroseeding has been done and grass should be growing there soon. Jerry Jambazian, 9129 Youngdale, San Gabriel, expressed concern with the condition of the tennis courts and how often they are washed and stated some of the lights need replacing. He pointed out that it costs about $2,000 per court to resurface. He offered to assist the City with the upkeep of the courts which should be washed once every two to three months. 7. CLOSED EXECUTIVE SESSION The City Council recessed at 7:45 p.m. to a Closed Executive Session pursuant to Government Code Section 54956.9 (B) to confer with its attorney regarding anticipated litigation, Abalo, et al v. Chevron Chemical, et al. and Government Code Section 54956.9 (A) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. Also pursuant to Government Code Section 54957.6, Council will meet with its designated representatives regarding labor relations matters. Also pursuant to Government Code Section City Council Minutes December 5, 1995 Page 2 54956.8, to give instructions to the City's negotiator concerning the sale of the property located at 5839 Camellia Avenue with negotiating parties, Herminio & Lucinda Rodriguez, relative to price and terms of payment. At 8:10 p.m., the City Council reconvened. City Attorney Martin announced that the Council received a bid for property located at 5839 Camellia Avenue. Council rejected the bid and the property is still for sale. The City Council also authorized the City Manager to retain legal counsel to obtain advice on the matters associated with the Temple City Employee Association. The Council rejected a proposed settlement of Abalo, et al v. Chevron Chemical, et al. The matter will proceed to court. The City Attorney also provided advice to the Council relative to this issue. 8. CONSENT CALENDAR, Councilman Budds requested Items 8.C., 8.D. and 8.I. be removed. Mayor Pro Tem Wilson moved to approve the remainder of the Consent Calendar as presented, seconded by Councilman Souder and unanimously carried. A. APPROVAL OF MINUTES: Regular meeting of November 21, 1995 Approved the Minutes from the regular meeting of November 21, 1995, as submitted with Councilman Gillanders abstaining. B. RE- ADOPTION OF RESOLUTION NO. 95 -3417, EXTENDING CABLE FRANCHISE WITH CHARTER COMMUNICATIONS (FORMERLY CROWN CABLE) Re- adopted Resolution No. 95 -3417, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY EXTENDING THE CABLE FRANCHISE WITH CHARTER COMMUNICATIONS. E. MUNICIPAL CODE AMENDMENT: ORDINANCE NO. 95 -788 (2ND READING) ESTABLISHING THE UNAUTHORIZED COLLECTION OF RECYCLABLE MATERIALS AS AN INFRACTION Waived further reading and adopted Ordinance No. 95 -788, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING ARTICLE VI, CHAPTER 2, PART IV, OF THE TEMPLE CITY MUNICIPAL CODE BY ADDING SECTION 6252 ESTABLISHING THE PENALTY FOR UNAUTHORIZED COLLECTION OF RECYCLABLE MATERIALS AS AN INFRACTION AND ALLOWING FOR A PENALTY ASSESSMENT SCHEDULE TO BE ESTABLISHED BY CITY COUNCIL RESOLUTION. F. LOS ANGELES COUNTY BUILDING AND SAFETY CODES Introduced for first reading by title only Ordinance No. 95 -789, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING LOS ANGELES COUNTY ORDINANCE AMENDING TITLE 26 -29 BY REFERENCE AS THEY PERTAIN TO THE BUILDING, ELECTRICAL, PLUMBING AND MECHANICAL CODES, and set a public hearing for December 19, 1995. G. PLANNING COMMISSION ACTIONS - Meeting of November 28, 1995 Received and filed. H. 1994 -95 CITY AUDIT REPORTS Received and filed. 1 1 1 1 1 1 City Council Minutes December 5, 1995 Page 3 C. DESIGNATION OF HOLIDAYS FOR FISCAL YEAR 1996 -97 Councilman Budds moved to table this item, seconded by Councilman Gillanders and unanimously carried. D. RECONFIRMATION OF ANNUAL HOURS FOR PART TIME POSITIONS Councilman Budds was concerned that the retirement board has not been able to make a determination. He stated that if the City is going to be required to provide part time employees, attempts should be made to keep the hours below 1,000 hours and suggested hiring an additional part time employee. He also suggested considering another option for retirement and leaving the current retirement system, such as 401K Mayor Breazeal pointed out that PERS has ignored their attorneys. Councilman Souder asked about the recreation leader's duties and stated that even if the city considers another retirement option, a decision still needs to be made on this issue. Financial Services Director Maldonado explained that only one recreation leader position needs to be approved. The other positions need reconfirmation. Mayor Breazeal said this position has qualified for 1,000 hours. Two individuals could be used to fill this position. Mayor Pro Tem Wilson explained that the position is 20 hours a week, is typically the most qualified person, goes to the playground sites, serves as the day camp director in the summer working 40 hours a week. Two individuals would affect the quality of service but it could be done. Mayor Breazeal said he would not be able to authorize qualifying is position until all retirement options have been reviewed and suggested using two individuals for the recreation leader position. Councilman Budds stated that Council did vote to allow certain positions to exceed the 1,000 hours, but he was against exceeding the 1,000 hour limit for the recreation leader position. City Manager Riley said more and more cities are considering other retirement options and explained that staff's recommendation is based on program and service concerns. Mayor Breazeal moved to limit the current vacant recreation leader position to two positions to less than 1,000 hours, seconded by Councilman Gillanders and carried on a roll call vote, as follows: AYES: Councilman - Budds, Gillanders, Breazeal NOES: Councilman- Wilson, Souder I. RESOLUTION NO. 95 -3470: APPROVAL OF PAYMENT OF BILLS Councilman Budds asked what type of training took place at the Embassy Suite Hotel. Financial Services Director explained that the Administrative Assistant attended a three day seminar. City Council Minutes December 5, 1995 Page 4 Councilman Budds moved to adopt Resolution No. 95 -3470, allowing claims and demands in the amount of $328,456.03, seconded by Councilman Souder and unanimously carried. 9. UNFINISHED BUSINESS A. MUNICIPAL CODE AMENDMENT: ORDINANCE NO. 95 -787 (2ND READING) TO REQUIRE A PERMIT AND SURETY BOND OR POLICY OF PUBLIC LIABILITY INSURANCE FOR NEWS RACKS PLACED IN THE PUBLIC RIGHT -OF -WAY Councilman Gillanders asked if the City would be listed as additional insured. City Attorney Martin said the City would be listed as additional insured. He explained the hold harmless clause carries no weight. Councilman Budds moved to approve the negative declaration and waive further reading and adopt Ordinance No. 95 -787, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE MUNICIPAL CODE TO REQUIRE A PERMIT AND SURETY BOND OR POLICY OF PUBLIC LIABILITY INSURANCE FOR NEWS RACKS PLACED IN THE PUBLIC RIGHT -OF -WAY, AS WELL AS CERTAIN PERMITTING REQUIREMENTS AND PROCEDURES FOR NEWS RACK DISPLAYS, seconded by Mayor Pro Tem Wilson and unanimously carried. B. PUBLIC HEARING: RESOLUTION NO. 95 -3472, ESTABLISHING PENALTY ASSESSMENTS FOR UNAUTHORIZED COLLECTION OF RECYCLABLE MATERIALS City Manager Riley presented the background information as outlined in the staff report dated December 5, 1995. Mayor Breazeal explained that AB 939 requires all cities reduce the amount of trash going to the landfills by 25% in 1995 and 50% in 2000. The primary way of achieving the reduction is through curb side recycling and green waste recycling. He further stated that scavengers have been taking from the curb side recycling bins. This ordinance will allow a fine to be levied against the scavenger. Mayor Breazeal declared the public hearing open and invited those wishing to speak to come forward. There being no one wishing to speak, Councilman Budds moved to close the public hearing, seconded by Councilman Souder and unanimously carried. Mayor Pro Tem Wilson asked if the fine remain at $100 for the first offense, increase to $300 for the second offense and $500 for the third offense. Public Services Director Hart said the fines can be increased. Councilman Budds moved to adopt Resolution No. 95 -3472, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING A PENALTY ASSESSMENT SCHEDULE FOR UNAUTHORIZED COLLECTION OF RECYCLABLE MATERIALS, as amended, seconded by Mayor Pro Tem Wilson and unanimously carried. 1 1 1 1 1 1 City Council Minutes December 5, 1995 Page 5 9. NEW BUSINESS A. PUBLIC NUISANCE CONFIRMATION: 6154 -58 TEMPLE CITY BOULEVARD (MILLER) Community Development Director Dawson presented the background information as outlined in the staff report dated December 5, 1995 and reported that progress has been made to improve the property. The buildings still need improvement and the rear yard area needs abatement of the weeds. Robert Miller, 6154 Temple City Boulevard, said he attempted to clean the property and satisfy the requirements. He asked the Council for more time in which to complete the improvements. He stated he has spoken to the City to coordinate the clean up. Mayor Breazeal pointed out that in 1985 the Planning Commission reviewed this issue. He explained that if the improvements are not completed within 30 days, the City would start the abatement process and place a lien on the property. Councilman Budds said he appreciated Mr. Miller's comments that he would work with the City. He preferred continuing with the process and suggested increasing the time from 30 days to 45 days. Councilman Budds moved to adopt Resolution No. 95 -3471, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONFIRMING CERTAIN ACTIONS AND DECISIONS OF THE PLANNING COMMISSION AND DECLARING THE REAL PROPERTY LOCATED AT 6154 -6158 TEMPLE CITY BOULEVARD, TEMPLE CITY TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT OF SAID NUISANCE WITHIN FORTY FIVE (45) DAYS (MILLER), as amended, seconded by Councilman Gillanders and unanimously carried. B. ABC LICENSE - FEATHERS BILLIARD CLUB, 5449 ROSEMEAD BOULEVARD City Manager Riley presented the background information as outlined in the staff report dated December 5, 1995. He explained that the issue for consideration is the liquor license not the approval of the conditional use permit. Mayor Breazeal stated this was not a public hearing, but those who wished to speak regarding the liquor license may do so. He further explained that the application for the billiard parlor has been approved and is not being discussed this evening. If the Council chooses to approve the license, the Department of Alcohol Beverage Control may still deny the liquor license. City Attorney Martin explained that as a result of the Los Angeles riots and the process of rebuilding, a new law was enacted to require the consent of the City before the Department of Alcohol Beverage Control approves any application should an overconcentration be determined. The census for this particular tract is 2,900 which allows for three liquor licenses. Currently there are six licenses creating an over concentration. He further explained that the City has the authority to grant or deny the application, but does not have the right to place conditions on either. City Council Minutes December 5, 1995 Page 6 Mary Burke, 5114 Sultana Avenue, felt the conditional use permit should be considered by all residents. A liquor license is not necessary. She pointed out that there are two public schools and three churches within a few blocks of the business. Mayor Breazeal explained that it is very difficult to provide a broad base of information to residents without a local newspaper. Robert McGinnis, 6120 Camellia Avenue, stated that most problems around the City have to do with alcohol and drugs. He opposed the serving of alcohol at the business. Howard Keifer, 9821 Workman, stated his child attends the First Lutheran Pre - School. He presented a petition to the Council signed by parents opposed to the granting of the liquor license. He expressed a concern with an increase in crime in the area and the early opening of 10 a.m. He said he visited a pool hall on Main Street in Alhambra which sells no alcohol. He concluded by stating that there is an oversaturation of alcohol in the area and asked for denial of the request. Mayor Breazeal explained that ABC's count includes restaurants, not the bulk sale. Denise Martin, 9730 Las Tunas Drive, stated the serving of alcohol is not a public convenience or necessity. Ken Martin, 9730 Las Tunas Drive, said he received a letter from the City Attorney and asked the Council to stand up for the residents of Temple City, not individuals opening a business. Property owners, city officials, and business owners should be aware that the potential of lawsuit exists. He pointed out the danger to school -age children and requested a negative resonse to the ABC. Patricia Martin, 5429 Baldwin Avenue, noted that the City recently hired a gang prevention officer. She asked if the officer provided input on this issue. Mayor Breazeal pointed out that the conditions include a requirement that two guards be on the premises. Mr. Martin asked if the Council was aware of the problems El Monte had with a similar business. Mayor Breazeal noted that the business did not have an alcohol license and young adults were allowed into the establishment. Lynne Best, 5819 -C Oak Avenue, stated that alcohol in this particular environment could be lethal. This is the busiest intersection with schools and children in the area. Connie Swank, Las Palacios Fallis Homeowners Association, 5538 Welland, #1, suggested using cable television for announcing upcoming items on the agendas. Another liquor license is not needed in this area. She noted problems with commercial filming in her area. Jesse Moreno, 9041 Olive Street, expressed concern with the early hours of operation and asked for more communication between the Council and the residents. 1 1 1 1 1 City Council Minutes December 5, 1995 Page 7 Vincent Gonzales, 4913 Kauffman, said he was concerned that a 27 -table billiard parlor could generate a possible 54 vehicles with individuals who have been drinking. Pat Markham, 9574 Blackley, opposed the liquor license and was concerned with the mixture of school children and alcohol. Patricia Matt, 6404 Loma, asked the Council to deny the alcohol license. Joan Vizcarra, 5632 Golden West Avenue, said she sees no value in having another place in Temple City to purchase alcohol. Traffic congestion at the intersection and additional bar patrons could cause problems. She asked if a traffic report was done. Mayor Breazeal stated the traffic issues were addressed in the environmental impact assessment. Ms. Vizcarra noted that at this time the City has no indigenous gangs, but the City is surrounded by gangs. She asked the Council to deny the serving of alcohol at the subject location. Bobbie McGowan, 10137 Lynrose Street, stated that four years ago a pool hall application was denied for the same reasons mentioned this evening. This area borders Temple City, San Gabriel and Rosemead and problems have arisen at businesses in the same area. She asked what would happen if there was a fight at the location. Mayor Breazeal said conditions were included requiring a six month review of the permit and two security guards be on the premises at all times. Lou Smaldino, 13601 East Whittier Boulevard, owns the property in question. He explained that the census tract may not take into consideration where the commercial areas are located. He operated a store there since 1977 and never had problems with gangs. He said if individuals could review the plans they would be pleased with the business. Pep Boys and Sizzler are in full agreement with the proposal. He pointed out that liquor is not evil in itself and said how it is used and regulated can eliminate problems. William Bretz, 10214 Freer Street, stated that there is a difference between a liquor license for a store and an establishment where alcohol is consumed on the property. Cynthia Reifer, 9645 E. Lemon Avenue, said the faculty at St. Luke's school is concerned with what the business will represent. The subject business encourages individuals to drink and hang out. She asked if this establishment will serve the community or would it attract people from other communities. She noted that the shopping center across the street is not safe to visit even though it is located around the corner from the Sheriff's Department. Mayor Breazeal read two letters received from Dan Arrighi, 5702 Cloverly Avenue, and Jeanne Curleo, 6313 Sultana Avenue, San Gabriel, requesting denial of the alcohol license. City Council Minutes December 5, 1995 Page 8 Mayor Pro Tem Wilson stated a letter of thank you was received from the California Chiropractic Association highlighting the Sheriff's Department activities. She pointed out that the Sheriff Department acts at the Council's direction. Red Ribbon Week activities and the SANE program are some of the programs supported by the Council. Councilman Souder stated that an independent business man should be able to invest his money in a business. Not all pool halls are bad. The citizens have some valid concerns. He noted there are a number of conditions placed on the business in order to avoid possible problems, and he would approve the liquor license. Councilman Budds said the local governing body must determine that public convenience or necessity will be served if a license is to be granted. He said he could not make that determination and would vote to deny the license. Mayor Pro Tem Wilson stated that if the liquor license is not issued, the business would be open to all ages. With the alcohol license the age is restricted to 21. She suggested allowing the business to operate for six months. Councilman Gillanders said the vast majority of the testimony was irrelevant. The Council is addressing the issue of the license to sell alcohol, not gangs. At this point the applicant has done nothing wrong and it is not possible to predict occurrences. Based on comments he would oppose the request. Mayor Breazeal stated that allowing liquor to be served would control the age of individuals entering the business. The El Monte club referenced earlier in the meeting did not serve alcohol and did not have a 21 year old age restriction. Councilman Souder moved to approve the negative declaration and make a determination of public convenience or necessity, seconded by Mayor Pro Tem Wilson and carried on a roll call vote, as follows: AYES: Councilman - Souder, Wilson, Breazeal NOES: Councilman - Budds, Gillanders 11. COMMUNICATIONS A. CORRESPONDENCE RECEIVED FROM TEMPLE CITY CITIZEN'S BANDSTAND COMMITTEE Randy Tyrell, Alessandro Avenue, provided a status report. The total gross revenue is $103,000 with a net of $49,000 in the bank. The fmal estimate for the gazebo is $75,000. He asked that the Council and Committee work together to achieve a successful project. City Manager Riley stated that the Council and the Committee should meet together to discuss concerns. He suggested meeting on December 14. Mayor Pro Tem Wilson said that once the Council and Committee meet a determination can be made in what direction to continue. Council agreed to meet with the Bandstand Committee on December 14, 1995. 1 1 1 1 1 1 City Council Minutes December 5, 1995 Page 9 B. 626 AREA CODE PROPOSAL TO PUBLIC UTILITIES COMMISSION City Manager Riley presented the background information as outlined in the staff report dated December 5, 1995. Councilman Gillanders moved to adopt Resolution No. 95 -3469, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY URGING THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO REJECT THE TELECOMMUNICATIONS INDUSTRY'S PROPOSALS TO INTRODUCE A NEW 626 AREA CODE IN THE SAN GABRIEL VALLEY, seconded by Councilman Souder and unanimously carried. 12. RECESS TO CRA At 10:20 p.m., the City Council met as the Temple City Community Redevelopment Agency and approved the Minutes of the regular meeting of November 21, 1995; received and filed the 1994 -95 CRA Audit Reports; and adopted Resolution CRA 95 -592 approving the annual report for July 1, 1994 through June 30, 1995. Minutes of the Agency are set forth in full in the Agency's records. RECESS TO FA At 10:23 p.m., the City Council met as the Temple City Finance Authority and approved the Minutes of the regular meeting of July 18, 1995 and received and filed the 1994 -95 Temple City Financing Authority Audit Reports. Minutes of the Agency are set forth in full in the Authority's records. 13. ACTION ON REQUEST BY CRA A. TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR JULY 1, 1994 TO JUNE 30, 1995 Councilman Budds moved to receive and file the Temple City Community Redevelopment Agency Annual Report for July 1, 1994 to June 30, 1995, seconded by Councilman Souder and unanimously carried. 14. ADDITIONAL ORAL COMMUNICATIONS FROM THE AUDIENCE Mary Burke, 5114 Sultana Avenue, requested the City post signs stating the street cleaning days. Many times vehicles are parked in front of her home when the street sweeper comes through and her street does not get cleaned. She also asked about the time limits on building permits and whether cats could be trapped. She pointed out that she has had problems obtaining after hours and weekend animal control services. She has been told by the Humane Society that they do not have the staff to respond to a call. Mayor Breazeal said street sweeping is done every other week and it is difficult to post specific days. He asked her to provide the staff with addresses so that building permits could be verified for expiration dates. Mayor Pro Tem Wilson explained that the City cannot trap cats nor give out traps. Residents are referred to the San Gabriel Humane Society to obtain traps. Marianne Milch, Chamber of Commerce, receives a number of earls from residents who need animal control services and are unable to get a response from the Humane Society. She also pointed out that there is a problem with pigeons in the downtown area. City Council Minutes December 5, 1995 Page 10 Pam Kneip, 6330 Primrose Avenue, was pleased with the news rack ordinance adopted earlier in the evening and asked the City Council to contine fighting against pornographic newspapers. City Attorney Martin stated that once a legal decision has been rendered on the coin operated machines, the City will enforce the decision. The judge has issued an order, but it is being appealed to the United States Supreme Court. The new insurance requirements will affect the lesser known newspapers. It will not affect news racks located on private property or those with smoked glass. Howard Kieffer, 9821 Workman, noted a number of problems with parrots and asked if the City could take action to remedy the problem. Mayor Pro Tem Wilson explained that the parrots are protected wildlife. 15. MATTERS FROM CITY OFFICIALS A. OPPOSITION TO H.R. 1058/S. 240 - "SECURITIES LITIGATION REFORM ACT" Councilman Souder moved to oppose H.R. 1058/S. 240 and authorize the Mayor to sign an authorization form, seconded by Mayor Pro Tem Wilson and unanimously carried. 16. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA A. COUNCILMAN BUDDS Councilman Budds noted that the suggestion to use the cable channel to publicize upcoming agenda items would be worthwhile to consider. He pointed out that the signals were out last weekend and deputies were directing traffic. He asked staff to determine how long it took the signal company to respond and if stop signs could be provided to the Sheriff's Department. Lt. Osborne stated the deputies have stop signs. Councilman Budds asked if deputies could remove individuals sleeping in vehicles from private parking lots. Lt. Osborne said stated there are some limitations, but he would ask deputies to drive through the lots. B. COUNCILMAN GILLANDERS None C. COUNCILMAN SOUDER None D. MAYOR PRO TEM WILSON 1. CONSIDERATION OF ALL -DAY PARKING PERMITS FOR BUSINESS OWNERS WHO WISH TO PARK PERSONAL VEHICLES IN TWO -HOUR PARKING LOTS Mayor Pro Tem Wilson asked if the Council would consider reviewing the two hour parking restriction to allow business owners to park immediately behind their businesses. 1 1 1 1 1 1 City Council Minutes December 5, 1995 Page 11 Councilman Gillanders asked if any of the lots had all day parking. City Manager riley explained that the second row of parking is usually all day parking. Mayor Pro Tem Wilson moved to refer the issue to the Public Safety Commission for further review, seconded by Councilman and unanimously carried. E. MAYOR BREAZEAL None 17. ADJOURNMENT At 10:55 p.m., it was moved, seconded and unanimously carried to adjourn the meeting. The next regular meeting of the City Council will be held on December 19, 1995 at 7:30 p.m. in the Council Chambers, 5938 North Kauffman Avenue, Temple City. ATTEST: .d %/- Mayor