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HomeMy Public PortalAboutCity Council_Minutes_1996-07-16_Regular 19961 1 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. 1 1 1 1 1 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. 1 1 1 1 1 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. 1 1 1 1 1 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. 1 1 1 1 1 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. 1 1 1 1 1 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: 4 Mayor