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HomeMy Public PortalAboutCity Council_Minutes_1987-06-16_Regular 19871 CITY OF TEMPLE CITY CITY COUNCIL MINUTES JUNE 16, 1987 INITIATION: 1. CALL TO ORDER: Pursuant to the Agenda posted on June 12, 1987, Mayor Gil - landers called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, June 16, 1987. 2. The invocation was given by Reverend David Brinkley of the Church of Christ, 5272 North Sereno Drive. 3. The Pledge of Allegiance to the Flag was led by Mayor Gillanders. 4. ROLL CALL: Present: Absent: Also Present: Councilmen- Atkins, Dennis, Froehle, Swain, Gillanders Councilmen -None City Manager Koski, City Attorney Martin, Interim Planning Director Tooker, Parks and Recreation Director Kobett, Public Works Coordinator Peterson and Julie Estrada of the Temple City Times 5. CONSENT CALENDAR: Councilman Froehle requested that item B. be removed from the Consent Calendar and Councilman Atkins requested item L. be removed. Councilman Atkins moved to approve the remaining Consent Calendar items as recommended, seconded by Councilman Swain and unanimously carried. A. APPROVAL OF MINUTES - Regular Meeting of June 2, 1987 Approved as written. C. ACCEPTANCE OF BID: TRAFFIC SIGNAL IMPROVEMENT PROJECT - VARIOUS LOCATIONS City Council accepted the low bid from Steiny & Company, Inc. in the amount of $303,500 for upgrading traffic signals on Las Tunas Drive, Temple City Boulevard, Lower Azusa Road and Santa Anita Avenue. D. BUS BENCH SHELTER AT NORTHWEST CORNER OF TEMPLE CITY BOULEVARD AND LEMON City Council approved the request of the Temple City Unified School District to remove the glass panels from the bus bench shelter near the high school on Temple City Boulevard and Lemon. 1 _5 4 5b Council Minutes, June 16, 1987 - Page 2 E. LOS ANGELES COUNTY SANITATION DISTRICT REFUSE DISPOSAL AGREEMENT City Council approved the agreement submitted by the County Sanitation District establishing specific rules and regulations regarding solid waste disposal sites and including a revised fee schedule requesting a 26% in- crease in cost to the City. F. PLANNING COMMISSION ACTION FROM THEIR REGULAR MEETING OF JUNE 9, 1987 Council received and filed a memo from the Planning Commission outlining action taken at the Commission's meeting of June 9. G. REQUEST FOR BUDGET ADJUSTMENT - ACCOUNT 1612 Council approved a budget adjustment of $15,535 to cover the increased cost of services rendered by Dale Beland with regard to the General Plan Amendment proceedings, and amended the adopted 1986 -87 budget accordingly. H. SET PUBLIC HEARING - ASSESSMENTS FOR STREET IMPROVEMENTS - CURB, GUTTER AND WIDENING OF ALESSANDRO BETWEEN BLACKLEY AND OLIVE Council accepted the work performed by Mobassaly and authorized the City Clerk to file a Notice of Comple- tion; authorized payment in the sum of $11,922.95; authorized release of the 10% retention at the end of the 35 -day lien period; and set a public hearing for July 21. I. AUTHORIZATION TO SOLICIT BIDS - PLAY APPARATUS AREA AND SHADE SHELTER, TEMPLE CITY PARK City Council authorized staff to solicit bids for the play apparatus area and shade shelter in Temple City Park. J. RESOLUTION NO. 87 -2721 AUTHORIZING COUNTY TO COLLECT SPECIAL ASSESSMENT FEES FOR CITY -WIDE LIGHTING DISTRICT City Council adopted Resolution No. 87 -2721, A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING THE ADDITION OF SPECIAL ASSESSMENT FEES TO THE TAX BILLS. K. SET PUBLIC HEARING: APPEAL OF PLANNING COMMISSION ACTION ON ZONE VARIANCE #87 -833 - 9207 -11 WEDGEWOOD City Council set a public hearing for July 7 for the subject appeal. M. RENEWAL OF RENTAL AGREEMENT FOR PROPERTY AT 5843 TEMPLE CITY BOULEVARD Council approved the renewal of the rental agreement with Gino's Home Interiors, 5843 Temple City Boulevard at $1,250 per month for two years. N. RESOLUTION NO. 87 -2718: EMPLOYMENT OF BUDGETED PERSON- NEL City Council adopted Resolution No. 87 -2718 appointing budgeted personnel. Council Minutes, June 16, 1987 - Page 3 0. CLAIM FOR DAMAGE: ROBERTA S. PRIESTLY Council approved the repair bill submitted subject to a full release from any further claim. P. RESOLUTION NO. 87 -2719: APPROVAL OF PAYMENT OF BILLS City Council adopted Resolution No. 87 -2719 approving claims and demands in the amount of $159,664.04. B. CONTRACT EXTENSION AND FEE SCHEDULE INCREASE FOR STREET SWEEPING SERVICES Councilman Froehle requested clarification of the last paragraph of the Community Disposal letter wherein is stated, ".. we will begin monitoring the sweeper immedi- ately to determine why the broom mileage has increased so much.. ". City Manager Koski responded that occasionally the sweeper passes two or three times in order to do the kind of job the City expects and so more miles are recorded. Also, the company acquired new equipment and it was thought the sweeper may have a problem. The City has requested Community Disposal determine the reason for the increase in mileage. Councilman Froehle moved to extend the current street sweeping contract through June 30, 1988 and approve an increase of $.95 per mile effective July 1, 1987; and authorize the Mayor and City Clerk to sign the contract, seconded by Councilman Atkins and unanimously carried. L. PURCHASE OF ANIMAL CONTROL REPLACEMENT VEHICLE Councilman Atkins recommended that the staff look into the rehabilitation of the shell for the Animal Control truck for placement on the new truck chasis. Council - members concurred. Councilman Atkins moved to authorize staff to proceed with the purchase of a replacement vehicle for the Animal Control unit; trade in the 1977 Chevrolet truck; and rehabilitate the shell of the old unit, seconded by Councilman Froehle and unanimously carried. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: ADOPTION OF PROPOSED 1987 -88 BUDGET City Manager Koski stated that the proposed budget for 1987 -88 provides for all of the programs which have been established by the City Council which are existing in the current year. The budget includes major capital outlay for traffic signal improvements and also expendi- tures for the Longden /Golden West resurfacing and recon- struction program. The revenue for the current year is projected at $5.3 million and the operating budget is $4.9 million. There are some $700,000 in capital outlay that comes from accumulated funds. Mayor Gillanders declared the public hearing open and invited anyone wishing to address the City Council to come forward. As no one wished to address the Council, Councilman Swain moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. 15 454 Council Minutes, June 16, 1987 - Page 4 Councilman Dennis recommended that the budget resolution should state the income and reserve funds available to the City. Councilman Atkins moved to adopt Resolution No. 87 -2720, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING THE CITY BUDGET AND APPROPRIATING REVENUE OF THE CITY FOR THE FISCAL YEAR 1987 -88, in the amount of $5,705,446 seconded by Councilman Swain and unani- mously carried. B. PUBLIC HEARING: CHANGE OF ZONE FROM C -1 -0 (RETAIL COMMERCIAL OFFICE) AND C -1 -R (RETAIL COMMERCIAL RESTRICTED) TO C -1 (RETAIL COMMERCIAL) City Manager Koski stated that the public hearing sched- uled for the Planning Commission's May 26 meeting was not acted upon as the item was removed from the Agenda. City Council at their June 2 meeting set the matter for a public hearing for this evening; and property owners in the C -1 -0 and C -1 -R were noticed regarding the public hearing. Mayor Gillanders declared the public hearing open and invited anyone wishing to speak to come forward at this time. Mathew Jacobs, 5329 Alessandro, representing the Chamber of Commerce and the Downtown Revitalization Committee, stated that the Committee has nothing new to add to what testimony has already been given at previous Planning Commission and City Council meetings and, therefore, still recommends the proposed zone change. As there were no others wishing to address the City Council, Councilman Atkins moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. All Councilmembers expressed the opinion that the change would be in the best interests of the business community and Temple City. Councilman Dennis moved to approve the Negative Declara- tion of Environmental Impact, seconded by Councilman Atkins and unanimously carried. City Attorney Martin introduced for first reading by title only Ordinance No. 87 -608, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING A CHANGE OF ZONE FROM C -1 -0 AND C -1 -R TO C -1 FOR CERTAIN PROPERTIES (ZC 87 -836). Councilman Dennis moved to waive further reading, sec- onded by Councilman Swain and unanimously carried. Mayor Gillanders expressed Council's appreciation to members of the Zoning Subcommittee of the Downtown Revitalization Committee for all their effort and time in assisting the City Council with the zone change. City Attorney Martin stated that the matter should now be referred back to the Planning Commission for a report pursuant to Planning Law of the State of California (Government Code Section 65857). Council Minutes, June 16, 1987 - Page 5 7. NEW BUSINESS: A. ORDINANCE NO. 87 -601 (1ST READING), AN ORDINANCE OF THE CITY COUNCIL REGULATING ACUPRESSURE ESTABLISHMENTS AND ACUPRESSURISTS AND AMENDING THE TEMPLE CITY MUNICIPAL CODE BY ADDING NEW SECTIONS 4180 THROUGH 4190.5(b) City Manager Koski provided background information stating that the Planning Commission held a public hearing on May 12, 1987 to consider land use regulations pertaining to the specific zone(s) where acupressure establishments could be located and whether or not a permit would be required. Also considered was a pro- posed ordinance that would require acupressurists and acupressure establishments to obtain permits, be subject to investigations, and regulate items such as the con- duct of personnel, hours of operation, lighting and hygiene. The proposed ordinance has been reviewed by the Los Angeles County Sheriff's Department. Staff has recommended that acupressure establishments be consid- ered as an adult business and their zoning be regulated in accordance with Section 9455 of the City's Zoning Code. The Planning Commission has recommended that the subject establishments be allowed in any commercial zone as a permitted primary use and that all acupressurists submit evidence of having a baccalaureate degree in physical therapy or have State certification as a li- censed acupuncturist. Councilman Froehle stated that this type of business does not have a good track record in that they do have a reputation as being a front for illicit sexual activity and he would, therefore, feel more comfortable going with the staff recommendation that these establishments be regulated as adult businesses. City Attorney Martin advised that the ordinance identi- fies the regulations regarding acupressurists and acu- pressure establishments and has nothing to do with zoning. The matter should now be sent back to the Planning Commission for zoning regulations with Coun- cil's recommendation that this type of business be regulated as an adult business. Councilman Atkins moved to approve the Negative Declara- tion, seconded by Councilman Froehle and unanimously carried. City Attorney Martin introduced for first reading by title only Ordinance No. 87 -601, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REGULATING ACUPRESSURE ESTABLISHMENTS AND ACUPRESSURISTS AND AMEND- ING THE TEMPLE CITY MUNICIPAL CODE BY ADDING NEW SEC- TIONS 4180 THROUGH 4190.5(B) TO THE CODE. Councilman Atkins moved to waive further reading, sec- onded by Councilman Froehle and unanimously carried. 8. COMMUNICATIONS: A. RESIGNATION - THOMAS BREAZEAL, PLANNING COMMISSION City Attorney Martin stated that the City Council has three choices with respect to the letter from Tom Breazeal requesting that his letter of resignation be rescinded. The Council may move to not accept the resignation; may permit the withdrawal of the resigna- tion; or accept the letter requesting rescission and may reappoint Mr. Breazeal to the Planning Commission. 15 452 Council Minutes, June 16, 1987 - Page 6 Councilman Froehle moved to accept the letter rescinding the resignation of Tom Breazeal as a Planning Commis- sioner thereby continuing his present term, seconded by Councilman Atkins and unanimously carried. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Cal Magro, 5824 Temple City Boulevard, thanked the City Council for the support given the Zoning Subcommittee mem- bers of the Downtown Revitalization Committee with respect to the change of zone from C -1 -0 and C -1 -R to C -1. RECESS TO CRA: At this time the City Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the June 2, 1987 meeting; adopted Resolution No. CRA 305 adopting findings regarding completion of existing obliga- tions, projects, programs and activities of the Rosemead Boulevard Redevelopment Project; approved the repair of small printing machines and accessories at 5628 Rosemead Boulevard located in the C -3 Zone; and adopted Resolution No. CRA 306: Warrants and Demands. The Minutes are set forth in full in the records of the Agency. 10. ACTION ON REQUEST BY CRA: None 11. MATTERS FROM CITY OFFICIALS: A. LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCILMEMBERS EXECUTIVE FORUM - MONTEREY, CALIFORNIA, JULY 22 - 24, 1987 Councilman Atkins moved to authorize registration and conference expenses for City Councilmembers attending League of California Cities' Executive Forum in Monterey July 22 - 24, seconded by Councilman Dennis and unani- mously carried. B. COMMISSION APPOINTMENTS Pursuant to Section 9141 of the Temple City Zoning Code, Mayor Gillanders appointed the following Commissioners to the Planning Commission for two -year terms commencing July 1, 1987: Don Griffiths Mary Coolman Louis Muto Councilman Atkins moved to approve said appointments, seconded by Councilman Swain and unanimously carried. On motion by Councilman Atkins, seconded by Councilman Swain and unanimously carried, the following Commission- ers were reappointed for two -year terms commencing July 1, 1987: Parks & Recreation Traffic r-- Harry Crump John Shaw Don Kelker James Walker 1 Council Minutes, June 16, 1987 - Page 7 C. RECENT NEW COURT RULING RE: CHURCH OF GLENDALE et al vs. COUNTY OF LOS ANGELES Responding to Councilman Dennis's inquiry on recent court rulings, City Attorney Martin stated that damages might be awarded in cases where, by local regulations, property cannot reasonably be used for any purpose. In the Glendale Church case, the County of Los Angeles put a total freeze on the use of property for an indefinite period of time under police powers and safety measures. The court remanded to the trial court the issues of: (1) Whether administrative remedies were exhausted? (2) Was there a taking of the property? (3) Was it justified as police powers as a health and safety measure? The court indicated that, if there had been an unjustified taking of property, total damages might be awarded. The ques- tion was not as to the lessening of property values, but whether there had been a taking of property. What the court was saying was that you can't take property by government regulation when you should have taken it by eminent domain. If you want the property for public use, acquire it and pay for it. 12. ADJOURNMENT: On motion by Councilman Froehle, seconded by Councilman Atkins, the meeting of the City Council adjourned at 8:25 p.m. The next regular meeting will be held on Tuesday, July 7, 1987. ATTEST: //MAYOR /// 450