HomeMy Public PortalAboutCity Council_Minutes_1996-07-16_Regular 19961
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CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
JULY 16, 1996
INITIATION:
1. CALL TO ORDER:
Pursuant to the Agenda posted July 12, 1996, Mayor Wilson called the meeting of the City Council
to order at 7:34 p.m. on Tuesday, July 16, 1996.
2. ROLL CALL:
PRESENT: Councilman - Breazeal, Budds, Gillanders, Souder, Wilson
ALSO PRESENT: City Manager Riley, City Attorney Martin, Community Development
Director Dawson, Community Services Manager Burroughs, Public
Services Director Hart, and Senior Management Assistant Flod
3. The invocation was given by Pastor Robert VerBurg, Sunrise Community Church, 9642 East Live
Oak Avenue, Temple City.
4. The Pledge of Allegiance to the Flag was led by Mayor Wilson.
5. CEREMONIAL MATTERS
A. Mayor Wilson presented a plaque honoring Chuck Erickson, Park Maintenance Supervisor,
as Employee of the Year.
Parks and Recreation Commissioner Crump commended Chuck Erickson and the
maintenance staff for the care of the parks.
6. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None
7. CONSENT CALENDAR
Items 7.B. and 7.D. were removed by Councilman Gillanders. Mayor Wilson requested removal
of Item 7.C. Councilman Breazeal removed Items 7.D., 7.G., 7.H., and 7.I. Councilman Gillanders
moved to approve the remainder of the Consent Calendar, seconded by Mayor Pro Tem Souder
and unanimously carried.
A. APPROVAL OF MINUTES: Regular meeting of June 18, 1996
Approved the Minutes from the regular meeting of June 18, 1996, as submitted, with
Mayor Pro Tem Souder abstaining.
E. APPROVAL FOR AN ENTERTAINMENT PERMIT/LICENSE FOR THE MAY FLOWER
RESTAURANT
Approved an entertainment permit/license for the May Flower Restaurant.
F. PETTY CASH RECONCILIATION
Received and filed.
J. RESOLUTION NO. 96 -3526: APPROVAL OF PAYMENT OF BILLS
Adopted Resolution No. 96 -3526, allowing claims and demands in the amount of
$673,140.79.
City Council Minutes
July 16, 1996
Page 2
B. APPROVAL OF ANNUAL AGREEMENT WITH SANTA ANITA FAMILY SERVICE
FOR THE EMPLOYEE ASSISTANCE PROGRAM
Councilman Budds said the Council is not in a position to approve employee programs
while still under negotiations with a bargaining unit.
Councilman Gillanders moved to refer the Employee Assistance Program Agreement with
Santa Anita Family Service for FY 96 -97 to the Employee Relations Subcommittee,
seconded by Councilman Breazeal and unanimously carried.
C. ABC LICENSE - DETERMINATION OF PUBLIC CONVENIENCE AND /OR
NECESSITY FOR VALU -MART AT 6340 ROSEMEAD BOULEVARD
Councilman Breazeal stated he could make a determination for public convenience, but not
for necessity.
Councilman Gillanders pointed out it is almost impossible to find a full size market without
a liquor department.
Mayor Wilson said there is a liquor store across the street. Not many markets have liquor
stores across the street.
Theresa Munoz, Gateway Management Company, Whittier, stated the area is already
served by five supermarkets and more than seven liquor convenience stores. The market
will disrupt the tenants on the southeast corner. She pointed out the center has been a
retail failure for many years as well as a problem area in the city. There have been
problems with graffiti, vandalism, loitering and dumping of trash. She asked what
restrictions will be imposed on Valu Mart to ensure the safety and value of the area. She
also asked why notices were not sent to surrounding property owners, if a conditional use
permit was required and what are the hours of operation.
Community Development Director Dawson explained a market is a permitted use for this
area and no conditional use permit is required. He pointed out a hearing for a sign zone
variance was conducted. There are no noticing requirements for review of off-sale liquor.
He explained the liquor license is granted by the Alcohol Beverage Control. New law
requires local jurisdictions to make a finding of convenience and/or necessity. He was not
sure of the hours of operation at this time.
Valu Mart Representative stated the hours would be between 6 a.m. to midnight.
Councilman Budds asked Ms. Munoz if she knew the cause of the problems she
mentioned. He also pointed out the donut shop located in the center managed by her
company has been a problem for law enforcement.
Ms. Munoz said the businesses have had problems with graffiti and loitering. She was not
aware of any specific problems in the center.
Steve Galet, 9021 Emperor Avenue, Unit B, San Gabriel, stated his neighborhood has
experienced four burglaries and is located a quarter of a mile from the subject location.
The area is saturated with liquor stores. There will be an increase in noise, congestion
and pollution.
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City Council Minutes
July 16, 1996
Page 3
Thomas Puvel, 6355 Sultana Avenue, San Gabriel, opposed the granting of a liquor license.
A grocery store will not generate large amounts of sales tax revenue. There are enough
liquor stores to satisfy the public. Valu Mart assured the neighbors they would respond
promptly to problems arising from construction. He said they have not been responsive.
He presented a petition to the City Council of those against granting a liquor license. He
suggested the Council adopt a policy for notifying residents of the review of ABC licenses.
He also expressed concern with individii its drinking in the parking lot.
Councilman Gillanders pointed out grocery store revenue is about 35 to 40 percent taxable
non -food items. There has not been a grocery store in Temple City that has survived
without a liquor department.
Mariano Balbuena, 6252 Rosemead Boulevard., agreed there are too many liquor stores in
the area. He asked how problems arising from the liquor sales will be addressed by the
City and Valu Mart.
Lou Smaldino, 6252 Rosemead Boulevard, stated he has never considered opening a liquor
store without first obtaining the liquor license. He expressed concern with the lower
property values. There are enough stores within a mile of the location. There have been
successful grocery stores without liquor sales. The issue is the proliferation of licenses and
the purpose of the law is to obtain community input before granting the license.
Councilman Budds stated several months ago Mr. Smaldino supported a liquor license at
Rosemead and Broadway. He asked what the distinction is between the two locations.
Mr. Smaldino said the other location was for on- premise sale which is the only on- premise
sale for two miles.
Mayor Pro Tem Souder pointed out there are seven on- premise sale liquor licenses in that
area.
Mr. Smaldino pointed out the City will not be getting more sales tax dollars. In most
states grocery stores are not allowed to sell liquor.
Don Buchanan, 9018 Emperor Avenue, stated concern with an increase in illegal crossings
on Rosemead Boulevard from the apartments. There are problems associated with liquor
stores.
Ana Menendez, 90161 Longden, pointed out the area has experienced problems and was
concerned the store would create additional problems. She asked what type of store
would occupy the site.
City Manager Riley explained the store is principally a grocery store with reduced prices.
Purdy Galet, 9021 Emperor Avenue, Unit B, San Gabriel, said there are too many liquor
stores in the neighborhood and it is not a necessity.
Ray Melia, 6439 Sultana Avenue, stated he agreed with all those that spoke in opposition
to the liquor license.
City Council Minutes
July 16, 1996
Page 4
Terry Fowler, Valu Mart, pointed out the store is being built for the convenience of the
neighborhood. It will be a full service grocery market including non food items, meat, deli
and produce departments. He said a liquor department generates about 3 percent in
revenue and is basically for the convenience of the shopper. He explained the liquor is
locked and the customer has to request the product. Wine and beer are readily available.
Mayor Pro Tem Souder asked about the square footage of the building.
Mr. Fowler said the building is about 31,000 square feet.
Ken Lau, 9059 Woolley Street, pointed out there are two liquor stores across the street
which provide convenience. It is not necessary to have alcohol sales in the store.
Economics should not be the issue.
Moe - Vazin, Store Manager, explained that Valu Mart needs to be competitive. There is
security on the premises and no drinking will be allowed in the parking lot. Single cans
of beer will not be sold, which is done in liquor stores. Valu Mart sells at a discount. The
registers are programmed to require checking identification and input of the date of birth
before a sale can be completed.
Councilman Breazeal moved to make a determination of public convenience, seconded by
Councilman Budds and carried on a roll call vote, as follows:
AYES: Councilman - Breazeal, Budds, Gillanders, Souder
NOES: Councilman- Wilson
D. PROPOSED BUDGET AMENDMENT FOR THE LIVE OAK PARK RECREATION
FACILITY PROJECT
Councilmen Breazeal and Gillanders said they could not support the budget amendment.
Councilman Budds moved to reappropriate $127,000 of Restricted Capital Improvement
Funds and $28,000 of Community Project Funds; and appropriate 617,400 of General
Funds (one time expenditures) and amend the current fisral year budget accordingly,
seconded by Councilman Souder and carried on a roll call vote, as follows:
AYES: Councilman - Budds, Souder, Wilson
NOES: Councilman - Breazeal, Gillanders
G. APPROVAL OF PROGRESS PAYMENT NO. 1 FOR THE TEMPLE CITY PARK
BANDSTAND PROJECT (NO. 96 -1)
Councilman Breazeal did not feel the project title was appropriate since other
improvements are being done to the park in addition to the bandstand. He suggested the
project be referred to as the Temple City Park Improvement Project.
Councilman Breazeal moved to approve progress payment No. 1 in the amount of
$29,792.79, seconded by Mayor Pro Tem Souder.
H. CAPITAL IMPROVEMENT PROGRAM MONTHLY STATUS REPORT
Councilman Breazeal asked if the additional engineering for the Emperor Avenue
Improvement Project was for the storm drain.
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City Council Minutes
July 16, 1996
Page 5
Public Services Director Hart stated initially the County approved connection to the Oak
Avenue system. The County issued the permit and the project was designed to connect
with Oak Avenue. The County later said the system was originally designed to connect
into the Longden Avenue system. However, the County allowed the connection to be
made to Oak Avenue, but as a transfer drain. In order to do this the flow of water will
be enhanced which could cause problems in a storm. The project will not take more than
20 days to complete.
Councilman Breazeal said the report states Berryman & Henigar will prepare a proposal
for the Vehicle Parking Facilities. He did not recall discussing this in the subcommittee
meeting.
Director Hart assured the Council the item was discussed and a decision was made to
combine several projects together and ask for participation from the business community.
There will be further discussion at the subcommittee level.
Councilman Budds moved to receive and file the Capital Improvement Program status
report, seconded by Councilman Breazeal and unanimously carried.
CIRCUS VARGAS - FEE WAIVER
Councilman Breazeal said the City will be billed by the County for the electrical inspection;
therefore, the electrical permit fee should not be waived. He agreed to waive the other
fees.
Councilman Breazeal moved to waive applicable investigation and business license fees for
Circus Vargas, seconded by Councilman Budds and unanimously carried.
8. UNFINISHED BUSINESS
A. REVIEW OF PROFESSIONAL SERVICES AGREEMENT WITH BERRYMAN &
IIENIGAR
City Manager Riley presented the background information as outlined in the staff report
dated July 16, 1996.
Councilman Breazeal noted staff has attempted to reduce costs on other contracts and
pointed out Berryman & Henigar has offered to meet with staff to discuss costs.
Public Services Director Hart stated the staff has negotiated costs on the proposals. On
some projects Berryman & Henigar barely breaks even. The rates are competitive when
compared with other consultants.
Mayor Pro Tem Souder pointed out the City does not have an exclusive contract with
Berryman & Henigar and other bids could be obtained for engineering.
Councilman Breazeal said an outside engineering firm was selected to save staff time in
obtaining proposals for each project. At the last meeting the senior vice president said the
firm would be willing to negotiate rates.
Director Hart stated the City is paying premium price for quality service. Another firm
may have a better price but with less quality and some inconvenience. Berryman &
City Council Minutes
July 16, 1996
Page 6
Henigar assigns one individual and other disciplines are available within the firm to assist
rather than going outside the firm and waiting a few days for assistance. He pointed out
the senior vice president also stated the firm barely breaks even, but would be willing to
meet with staff.
City Manager Riley explained a large part of the proposals and separate agreements are
based on a flat fee rather than an hourly fee. He agreed staff should continue to review
each proposal for cost saving areas and give careful consideration to what services are
being requested.
Councilman Breazeal said projects requiring engineering should be given to the firm, but
any additional work should first be reviewed by the Council.
Councilman Gillanders noted future funding is going to be limited and future expenditures
should be carefully considered.
Councilman Breazeal suggested approving the agreement with Berryman & Henigar for
engineering services with a caveat that if it is not within that dictate it should be reviewed
by the City Council.
Councilman Budds said this would not provide clear direction for staff.
Director Hart stated staff' needs some flexibility to complete the job. Any project with
technical aspects will require engineering expertise.
Councilman Gillanders said the propriety of a situation should determine the involvement
of an engineer.
Councilman Budds moved to continue the agreement with Berryman & Henigar under
current operating procedures and give the City Manager responsibility for determining
what should be reviewed by the City Council, seconded by Councilman Gillanders and
unanimously carried.
Councilman Breazeal stated he did not want to pay for any work done on the parking
district project after the fact. He requested to see those costs before work begins.
Dick Fisher, Berryman and Henigar, said the firm is comfortable with the action taken by
the Council. His challenge is to bring issues before the Council so the Council can make
the best decision for the community in the most cost effective manner.
9. NEW BUSINESS
A. PUBLIC HEARING: TENTATIVE TRACT MAP NO. 52205 AND ADMINISTRATIVE
CONDITIONAL USE PERMIT NO. 96-1271 AT 5341 -5347 WELLAND AVENUE (SHU-
CHUAN KANG/WAN -HUEI KANG /CHANG HSIU -MEI KANG)
Community Development Director Dawson presented the background information as
outlined in the staff report dated July 16, 1996.
Councilman Gillanders asked if the sewer capacity has been checked.
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City Council Minutes
July 16, 1996
Page 7
Director Dawson stated the County routinely reviews these projects and provides input.
The project will have on -site mainline sewers. Because of concerns with sewer capacity,
attempts have been made to reduce the density in the City.
Councilman Breazeal noted the County has stated the City's sewer capacity meets the
current standards. The City has since reduced the housing density.
City Manager Riley said a determination can be made on individual projects, but it is more
difficult to make the determination on cumulative projects.
Councilman Breazeal noted the tract map states the project is four detached
condominiums and should be corrected to read eight detached condominiums.
Mayor Wilson declared the public hearing open and invited those wishing to speak to come
forward to address the City Council.
Mark Lewis, 5333 Welland Avenue, stated there is currently an older building on the
property which is used as a rental. He is in favor of the project. He felt two story
dwellings provide extra security to his home.
There being no one else wishing to speak, Councilman Breazeal moved to close the public
hearing, seconded by Councilman Gillanders and unanimously carried.
Councilman Breazeal moved to approve the Negative Declaration and adopt Resolution No.
96 -3527, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
APPROVING TENTATIVE TRACT MAP NO. 52205 TO ALLOW THE SUBJECT SITE
ADDRESSED AS 5342 -5347 WELLAND AVENUE TO SUBDIVIDED FOR
CONDOMINIUM PURPOSES WITH EIGHT (8) DETACHED DWELLINGS IN THE R -2
ZONE (KANG), seconded by Councilman Budds and unanimously carried.
B. PUBLIC HEARING: ANNUAL CPI INCREASE IN BUILDING AND SAFETY
RELATED FEES
City Manager Riley presented the background information as outlined in the staff report
dated July 16, 1996.
Councilman Breazeal asked if the increase was typical or if there would be additional
increases.
Community Development Director Dawson explained the information was received too late
for noticing a public hearing prior to the end of the fiscal year. The increase is automatic
and becomes effective July 1.
Mayor Wilson declared the public hearing open and invited those wishing to speak to come
forward to address the City Council.
There being no one wishing to speak, Mayor Pro Tem Souder moved to close the public
hearing, seconded by Councilman Budds and unanimously carried.
Councilman Breazeal moved to adopt Resolution No. 96 -3528, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING BUILDING,
PLUMBING, MECHANICAL, ELECTRICAL AND MISCELLANEOUS RELATED FEES
FOR BUILDING AND SAFETY SERVICES, seconded by Councilman Budds and
unanimously carried.
City Council Minutes
July 16, 1996
Page 8
C. LEASE AGREEMENT WITH L.A. CELLULAR
City Manager Riley presented the background information as outlined in the staff report
dated July 16, 1996.
Councilman Breazeal noted originally the pole was proposed to be 60 feet high and now
it is proposed to be 75 feet high. He asked what concerns have been addressed relative
to placing the equipment in the basement.
Dave Bastien, L.A. Cellular, 17785 Center Drive North, Cerritos, explained the pole height
will increase the line of sight and improve the quality of the signal. The area due west is
the far end of coverage and moving the pole east reduces the coverage. Increasing the
pole height provides more coverage and services.
Public Services Director Hart said the basement will be completely vacated.
Councilman Budds moved to approve the Negative Declaration; authorize staff to negotiate
fmal agreement; and authorize preparation of plans and specifications for Civic Center
HVAC system at a cost not to exceed $6,000, seconded by Mayor Pro Tem Souder and
unanimously carried.
D. CITIZEN REQUEST FOR TREE REMOVAL RE: 9723 WOODRUFF AVENUE
Public Services Director Hart presented the background information as outlined in the
staff report dated July 16, 1996.
Councilman Gillanders asked if the other trees have been checked for infection.
Director Hart said the problem seems to be limited to this area.
Councilman Breazeal asked if spraying will eliminate the problem and what would be the
cost of spraying.
Director Hart said spraying has been effective but is not guaranteed. The cost for
spraying the tree is about $300 to $400 and approximately $700 to $1,000 to treat the
tree.
Councilman Breazeal moved to make the best effort to treat the trees chemically and
continue to monitor the condition of the trees, seconded by Councilman Budds and
unanimously carried.
E. PUBLIC SAFETY COMMISSION RECOMMENDATIONS RE: RSVP UNIFORM
REPLACEMENT
City Manager Riley presented the background information as outlined in the staff report
dated July 16, 1996.
Mayor Pro Tem Souder said annual uniform replacement should have been included in the
budget.
Councilman Gillanders moved to approve annual replacement of RSVP uniforms and
amend the current fiscal year budget accordingly, seconded by Councilman Breazeal and
unanimously carried.
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City Council Minutes
July 16, 1996
Page 9
10. COMMUNICATIONS
A. CITIZENS' REQUEST FOR THE INSTALLATION OF STREET LIGHTS ON THE 6100
BLOCK OF CAMELLIA AVENUE
City Manager Riley presented the background information as outlined in the staff report
dated July 16, 1996.
Mayor Wilson agreed the residents should be able to have street lights.
Mayor Pro Tem Souder asked if street lights would be installed in the new project.
Councilman Breazeal asked if 60 percent of block has agreed to street lights and if they
have been provided the cost of lighting.
Councilman Gillanders said traditionally the cost is per lineal foot.
Councilman Breazeal suggested pursuing the installation of street lights subject to the
property owners obtaining 60 percent support of the block.
Glenda Maddox, 6139 Camellia Avenue, explained years ago the residents were told that
street lights would be installed but this never happened. There are lights on the block
below and there will be lights on the block above.
Councilman Gillanders explained the process which residents follow to have lights
installed.
City Manager Riley noted once the Order of Magnitude study is complete the cost could
be determined. Staff could pursue the process with the property owners.
Mary Kokayko, 6149 Camellia Avenue, highlighted some of the recent problems on the
street and spoke of the difficulty of seeing in the evening hours.
Councilman Budds moved to direct staff to research the request and work with the
residents and determine a cost for installation, seconded by Councilman Breazeal and
unanimously carried.
B. INFORMATION ITEM: CORRESPONDENCE RECEIVED FROM RICHARD
BARRANTES, ACTING CAPTAIN, TEMPLE SHERIFF'S STATION REGARDING USE
OF LIVE OAK PARK FOR A STATION FAMILY PICNIC
City Manager Riley stated this item will be reviewed by the Parks and Recreation
Commission.
Councilman Breazeal moved to receive and file, seconded by Mayor Pro Tem Souder and
unanimously carried.
C. VERBAL REQUEST FROM FELICIA VILETA FOR COUNCIL CONSIDERATION OF
CURRENT BACK -IN PARKING REGULATIONS FOR PUBLIC PARKING LOTS AND
UNNECESSARY CITING OF PARKING VIOLATIONS
Mayor Wilson announced Ms. Vileta requested this item be continued.
Councilman Breazeal moved to continue the item to the next City Council meeting,
seconded by Councilman Budds and unanimously carried.
City Council Minutes
July 16, 1996
Page 10
11. RECESS TO CRA
At 10:10 p.m., the City Council met as the Temple City Community Redevelopment Agency;
approved the Minutes of the regular meeting of July 2, 1996; and adopted Resolution No. CRA 96-
608 allowing claims and demands in the amount of $104,643.00. Minutes of the Agency are set
forth in full in the Agency's records.
12. ACTION ON REQUEST BY CRA None
13. ADDITIONAL ORAL COMMUNICATIONS FROM THE AUDIENCE None
14. MATTERS FROM CITY OFFICIALS None
15. COUNCIL ITEMS SEPARATE FROM THE CITY MANAGER'S REGULAR AGENDA
A. COUNCILMAN BREAZEAL -
Councilman Breazeal reported the California Water Control Board ignored local cities and
passed regulations as written.
B. COUNCILMAN BUDDS -
Councilman Budds requested the rezoning of the Pentland property be placed on the next
City Council agenda.
C. COUNCILMAN GILLANDERS -
Councilman Gillanders congratulated staff members for the RSVP luncheon held on
Saturday. He noted the value the program brings to the community.
Mayor Pro Tem Souder concurred with his comments.
D. MAYOR PRO TEM SOUDER - None
E. MAYOR WILSON -
1. LOTUS FOUNDATION, 9160 LAS TUNAS DRIVE
Mayor Wilson asked the Council to reconsider the Lotus Foundation's application
for a smaller school. She felt they should be given a chance to succeed.
Councilman Gillanders felt it would still create a dangerous situation with
dropping and picking up of students.
Mayor Pro Tem Souder asked if the request is to bring it back to the Council for
consideration.
City Attorney Martin said the motion would be to reopen the Council's action.
Councilman Breazeal felt the Council made a fair decision based on the
information available. Consideration should be given to any additional
information.
Councilman Budds asked the City Attorney if the Mayor's request could be an
indication of predetermination on the issue.
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City Council Minutes
July 16, 1996
Page 11
City Attorney Martin indicated the Mayor has signed an affidavit stating she has
an open mind and there is no reason to challenge the request.
Councilman Breazeal asked how many students did the school actually have.
Community Development Director Dawson said staff is unsure of the number of
students and suggested the traffic engineer review the proposal.
Councilman Breazeal suggested determining the actual student enrollment at the
school.
Mayor Pro Tem Souder said he would prefer a new application be submitted.
Councilman Gillanders stated if there are some aspects we did not consider, he
would not have a problem with reconsidering the request.
Councilman Breazeal noted if there are changes to the application, it should be
reviewed by the Planning Commission.
City Attorney Martin stated there is a fee associated with another application and
they may have to wait a year before submitting another application.
Director Dawson explained the one year wait is if the applications are
substantially the same.
Council concurred that if the applicant felt there was additional information, a
new application should be submitted.
Mayor Wilson highlighted the accomplishments of the Temple City Pony Colt
team.
16. CLOSED SESSION None
17. ADJOURNMENT
At 10:29 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 August 6, 1996 at 7:30 p.m. in the Council
Chambers, 5938 North Kauffman Avenue, Temple City.
ATTEST:
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Mayor