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HomeMy Public PortalAboutCity Council_Minutes_1986-11-04_Regular 1986CITY OF TEMPLE CITY CITY COUNCIL MINUTES NOVEMBER 4, 1986 INITIATION: 1. CALL TO ORDER: Mayor Atkins called the regular, meeting of the City Council to order at 7:35 p.m. on Tuesday, November 4, 1986. 2. The invocation was given by City Manager Koski. 3. The Pledge of Allegiance to the Flag was led by Mayor At- kins. 4. ROLL CALL: Present: Councilmen- Dennis ,Froehle,Gillanders,Swain, Atkins Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin Planning Associate Saldana, Parks and Recre- ation Director Kobett and Julie Estrada of the Temple City Times Mayor Atkins welcomed Cub Pack No. 160 who were attending the meeting with their leaders. 5. CONSENT CALENDAR: On motion by Councilman Gillanders, seconded by Councilman Froehle, all items on the Consent Calendar were approved as recommended with Councilman Dennis abstaining on item A. A. APPROVAL OF MINUTES - Regular Meeting of October 21, 1986 Approved as written. B. DONATION OF SURPLUS RECREATION EQUIPMENT TO TEMPLE CITY UNIFIED SCHOOL DISTRICT Council approved the donation of a balance beam, low parallel bars and hurdles from the Parks and Recreation Department to the Temple City Unified School District for use in their athletic programs. C. ACCEPTANCE OF PROPOSAL FROM RECREATION SYSTEMS, INC. - DESIGN SERVICES FOR LIVE OAK PARK City Council accepted the proposal received from Recrea- tion Systems, Inc. for professional services to prepare necessary design, plans, specifications, cost estimates and construction observation services for improvements at Live Oak Park with respect to the $100,000 allocation the City received from State Grant Funds. Council amended the adopted budget in the amount of $12,400, and authorized the Mayor and City Clerk to sign the Agree- ment. 1 q 214 Council Minutes, November 4, 1986 - Page 2 D. RECOMMENDATIONS FROM THE PLANNING COMMISSION MEETING OF OCTOBER 28, 1986 (1) PROPERTY NUISANCE - 4831 WILLMONTE AVENUE; OWNER - /RESIDENT: WARREN DODGE As no appeal was received, Council adopted Resolu- tion No. 86 -2675, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING CERTAIN PREM- ISES TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT THEREOF. (2) PLANNING COMMISSION ACTION Council received and filed the memo from the Plan- ning Commission outlining action taken at the Commission's meeting of October 28. E. ACCEPTANCE OF BID - CONSTRUCTION OF NEW CIVIC CENTER PARKING LOT - 5921 KAUFFMAN AVENUE Council accepted the low bid of E.C. Construction Co. of South El Monte in the amount of $41,063.50 for the construction of the new Civic Center parking lot, and authorized the Mayor and City Clerk to sign the Agree- ment. F. AMENDMENTS TO MUNICIPAL CODE: ARTICLE III - PUBLIC HEALTH AND SAFETY As rules and regulations governing public use of the Civic Center are not provided for in the Municipal Code, Ordinance No. 86 -697, an Ordinance of the City Council of the City of Temple City amending Section 3500 of Chapter 5 of Article III of the Temple City Municipal Code updating the Civic Center rules and regulations was introduced,for first reading by title only. G. CLAIM FOR DAMAGES: (1) CELSO CASTRO TRINIDAD (2) BRAD TO PARKER Claims were denied and referred to Southern California Joint Powers Insurance Authority. H. RESOLUTION NO. 86 -2673: EMPLOYMENT OF PERSONNEL Council adopted Resolution No. 86 -2673 appointing budg- eted personnel. I. RESOLUTION NO. 86 -2674: WARRANTS AND DEMANDS Council adopted Resolution No. 86 -2674 authorizing payment of bills. 6. UNFINISHED BUSINESS: A. RETAIN SPECIAL COUNSEL RE: ADULT BUSINESS City Attorney Martin stated that, as he was previously given authority to select special counsel in the event that prompt action was necessary between Council meet- ings with respect to the adult business on Las Tunas Drive, he has tentatively retained the legal services of the law firm of Burke, Williams and Sorenson, and in particular, Katherine Stone. The retainer agreement from the law firm quotes the fee of $175 per hour for principals and $75 per hour for juniors, and City Attor- ney Martin advised that he finds the agreement to be in order and recommends Council's approval. 1 312 Council Minutes, November 4, 1986 - Page 3 Councilman Swain moved to retain the legal services of Burke, Williams and Sorenson in the case of A & G Vid- eos, Inc. vs. the City of Temple City et al, seconded by Councilman Gillanders and unanimously carried. Councilman Swain asked City Attorney Martin if he would give an update on the situation concerning the adult business. City Attorney Martin responded that the difficulties with the adult business as presently constituted are twofold - - one of a zoning matter in that the business violated the City's zoning ordinance by locating within the C -1 -R zone; and secondly it opened on the basis of violating the City's building code, particularly the electrical code, which caused the City to revoke the certificate of occupancy. A & G Books and Videos, Inc. closed voluntarily presumably to correct the viola- tions; however, they reopened without correcting the building violations. A & G has requested a court date of December 5 in the Pasadena Court to enjoin the City from further interfering with their First Amendment activities. The City has now retained special counsel who will file a cross - complaint and perhaps ask for a temporary restraining order in advance of December 5 to enjoin all activities on the basis of the building code violations until such time as they are corrected or declared to be invalid and then proceed with the zoning declaration. 7. NEW BUSINESS: A. APPROVAL OF FINAL MAP NO. 44381; 6033 AND 6039 PRIMROSE AVENUE; APPLICANT: SIMON LEE City Manager Koski stated that the City has been advised by the County of Los Angeles Department of Public Works that the map for Tract 44381 has been checked by the City Engineer and is ready for Council's approval. The Conditions, Covenants and Restrictions have been re- viewed by the Planning staff and City Attorney and found to be acceptable. He also mentioned that this tract had a tentative approval before the moratorium and, there- fore, falls under one of the exempt classifications. Councilman Dennis moved to approve the CC & R's, approve the map, and make the findings per the staff memo dated October 30, seconded by Councilman Swain and unanimously carried. B. RESOLUTION NO. 86 -2672 AUTHORIZING TEMPLE CITY'S PAR- TICIPATION IN L.A. COUNTY SHERIFF'S "CAREER CRIMINAL APPREHENSION PROGRAM" City Manager Koski advised that the California State Legislature has appropriated 2.5 million dollars from the State General Fund for local program development during fiscal year 1986 -87. Temple Station has been selected by the Sheriff's Department to pursue a new C -CAP grant. However, qualification for state funding is contingent upon the support of local jurisdictions served by the Station. Councilman Gillanders stated that he would like a little more information on the program when considering the amount of money to be spent by the City. Councilmembers agreed that this matter should be held over for a study session with representation from the Sheriff's Department to answer questions regarding the program. 1 310 Council Minutes, November 4, 1986 - Page 4 C. ACQUISITION OF ADDITIONAL WORD PROCESSING EQUIPMENT City Manager Koski advised Council that Advanced Inter Systems' work flow analysis indicated that three additional word processors should be acquired for the City Manager's office, the Planning Department and the Parks and Recreation Department. The units are reconditioned and carry the full 90 -day warranty of a new system. By purchasing the recon- ditioned units, the City will realize a savings of $3,000. Councilman Dennis moved to authorize the purchase of three word processing units, appropriate funds in the amount of $12,073 and amend the adopted budget accordingly, seconded by Councilman Gillanders and unanimously carried. 8. COMMUNICATIONS: A. APPEAL OF PLANNING COMMISSION ACTION - UNIQUE FINANCIAL GROUP City Manager Koski advised that on October 31 a request for an appeal of action taken by the Planning Commission was received from Unique Financial Group. The Commis- sion had denied a clarification of ambiguity to allow a proposed financial lending company in the C -1 zone at 9663 -65 Las Tunas Drive, determining that the lending institution was not similar to a bank or savings and loan because they did not have the ability to make deposits and withdrawals. Council agreed to place the appeal on the November 18 Agenda. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Bob Pitts, 5312 Degas Avenue, thanked Councilman Swain for requesting City Attorney Martin to provide an update on the status of A & 0 Books and Videos, Inc. Mr. Pitts had ob- served that adult material in the store was in close proxim- ity to video games being played by youngsters, and wanted to know if the proprietor of the store could not be asked to relocate these items to the "adults only" section. He was not questioning the owner's right to have these items but rather the location of where they are placed in the store. City Attorney Martin responded that if these are indeed the facts concerning the adult material the City could file a criminal complaint. He went on to say that first the City is filing because the business was opened without an occu- pancy permit and does not comply with the building codes. The second attack will be that adult businesses in that particular zone is not a permitted use. From that point, other regulations such as arcades, closed doors, fire con- trol and divisions within the store will be' addressed. RECESS TO CRA: At this time Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the October 21 meeting; authorized staff to solicit bids for demoliton of properties in Block "A" of the Rosemead Rede- velopment Project; approved a request to sell Christmas trees at 5721 North Rosemead Boulevard; and adopted Resolu- tion No. CRA 285: Warrants and Demands in the amount of $1,993.84. 10. ACTION ON REQUEST BY CRA: None 1S n8 1 1 Council Minutes, November 4, 1986 - Page 5 11. MATTERS FROM CITY OFFICIALS: A. SAFE AND DRUG -FREE SCHOOLS AND COMMUNITIES - RESOLUTION FROM SENATOR RICHARDSON Mayor Atkins advised that Senator Richardson sent a letter and Resolution relative to safe and drug -free schools and communities and requested Council's support of these ef- forts. Council concurred. B. PARKING ENFORCEMENT - RALPH'S /THRIFTY AND K -MART PARKING LOTS Councilman Gillanders stated that he would like to see parking enforcement from Thanksgiving on by the Sheriff's Department in the Ralph's /Thrifty parking lot on Las Tunas Drive and the K -Mart Shopping Center as he has observed many violating the handicapped and fire lane restrictions at these two locations, and especially during the holiday season. Councilmembers agreed that there should be extra enforce- ment at these two locations. City Manager Koski advised that he would coordinate Coun- cil's request with the Sheriff's Department. 12. ADJOURNMENT - JOINT STUDY SESSION WITH PLANNING COMMISSION: On motion by Councilman Froehle, seconded by Councilman Dennis, the meeting of the City Council adjourned to a study session with the Planning Commission at 8:05 p.m. The joint study session between the City Council and the Plan- ning Commission was for the purpose of reviewing the prelimi- nary draft of the General Plan Amendment. Dale Beland of Cotton /Beland /Associates made the presentation and responded to questions from the City Council, Planning Commission and mem- bers of the public and press. The next regular meeting of the City Council will be held on Tuesday, November 18, 1986. ATTEST: Chief Deputy C y Clerk