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.
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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.
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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.
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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
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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