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.
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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.
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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.
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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
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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 ///
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