HomeMy Public PortalAboutCity Council_Minutes_1987-08-18_Regular 1987CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
AUGUST 18, 1987
INITIATION:
1. CALL TO ORDER:
Pursuant to the Agenda posted on August 14, 1987, Mayor
Gillanders called the regular meeting of the City Council to
order at 7:30 p.m. on Tuesday, August 18, 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 Gil -
landers.
4. ROLL CALL:
Present:
Absent:
Also Present:
Councilmen- Atkins, Dennis, Gillanders
Councilmen - Froehle, Swain
City Manager Koski, City Attorney Martin,
Community Development Director Dawson, Parks
and Recreation' Director Kobett and Julie
Estrada of the Temple City Times
Councilman Atkins moved to excuse Councilmen Froehle and
Swain with cause, seconded by Councilman Dennis and unani-
mously carried.
PROCLAMATION: Mayor Gillanders presented a proclamation
proclaiming September 17, 1987 as "United States Constitu-
tion Day in Temple City" to Florine Thompson, acting presi-
dent of the Temple City Historical Society and first vice
president of the Woman's Club of Temple City. Two "origi-
nal" proclamations were signed by Mayor Gillanders with one
proclamation going to the Woman's Club and the other to the
Historical Society.
Mrs. Thompson introduced Mrs. LaVerne Ostrander, president
of the Woman's Club of Temple City.
5. CONSENT CALENDAR:
Councilman Atkins moved to approve the Consent Calendar as
recommended, seconded by Councilman Dennis and unanimously
carried.
A. APPROVAL OF MINUTES - Regular Meeting of August 4, 1987
Approved as written.
B. RENEWAL OF STUDENT AND THE LAW AGREEMENTS RE: TEMPLE
CITY UNIFIED SCHOOL DISTRICT (OAK AVENUE INTERMEDIATE
SCHOOL),, EL MONTE ELEMENTARY SCHOOL DISTRICT (CLEMENSON
SCHOOL), FIRST LUTHERAN AND ST. LUKE'S SCHOOLS
City Council approved renewal of the Student and the Law
Agreements with the subject schools and the Sheriff's
Department.
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Council Minutes, August 18, 1987 - Page 2
C. ACCEPTANCE OF BID - REPAINTING OF PAVEMENT MARKINGS AND
STRIPING - SCHOOL SYSTEM STREETS AND MAINTENANCE AREAS
4, 5 AND 6
City Council accepted the low bid from Safety Striping
Service in the amount of $25,024 for the annual repaint-
ing of pavement markings and striping; and authorized
the Mayor and City Clerk to sign the agreement.
D. PLANNING COMMISSION ACTION FROM THEIR REGULAR MEETING OF
AUGUST 11, 1987
City Council received and filed the memo outlining
action taken by the Planning Commission at their August
11 meeting.
E. CLAIM FOR DAMAGES - CYNTHIA WILSON
Council denied the claim of Cynthia Wilson and referred
it to the Southern California Joint Powers Insurance
Authority.
F. RESOLUTION NO. 87 -2730: APPROVAL OF PAYMENT OF BILLS
Council adopted Resolution No. 87 -2730 approving the
payment of bills.
6. UNFINISHED BUSINESS:
A. APPEAL: KING AND KATHERINE HUANG - REQUEST FOR EXEMP-
TION FROM THE ADOPTED GENERAL PLAN TO PERMIT DEVELOPMENT
AT A DENSITY OF 36 DWELLING UNITS PER ACRE RATHER THAN
THE MAXIMUM LIMIT CURRENTLY PERMITTED OF 24 DWELLING
UNITS PER ACRE (Continued from August 4 meeting)
City Manager Koski provided background information
stating that the applicant has requested that his pro-
posed 20 -unit apartment complex be exempted from the
density limitations of the recently adopted General
Plan. The applicant lists at least three bases for his
position: (1) equitable estoppel; (2) promissory estop-
pel; and (3) a claim for a taking under First Lutheran.
Staff has denied making any promises to applicant or
that misleading statements were made. The property
owner was aware of the building moratorium, met with
City staff and attended Planning Commission and City
Council meetings relative to the General Plan revision.
Being aware of the moratorium, the property owner was
also assumed to be aware of the fact that changes were
imminent and that no guarantees existed in terms of
permissible density. Due to staff's concern relative to
the potential environmental impacts of the project, an
EIR was required. Projects with no anticipated signifi-
cant adverse impact would receive a Negative Declaration
rather than an Environmental Impact Report. Several
properties within the City were re- designated in terms
of permissible land use and they are likewise affected.
To grant Mr. Huang an exemption from the adopted General
Plan would be unfair and inequitable to the other simi-
larly affected property owners and project applicants.
King Huang, 1590 East California Boulevard, Pasadena,
stated that he is appealing the Planning Commission's
denial for an exemption from the adopted General Plan
for two main reasons. First, his proposed project was
in the process of receiving approval when the moratorium
on building went into effect. Secondly, the delay
brought about by the moratorium and the change in the
General Plan has brought great financial loss. Mr.
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Council Minutes, August 18, 1987 - Page 3
Huang stated that he at no time was discouraged to
abandon or advised to change his proposed project in the
intervening time during which he expended money for
architect fees and the EIR cost. In addition, potential
income has been lost due to the length of the morato-
rium, and architect fees will again have to be paid for
a new design. Mr. Huang also stated that the density
and design of his plan was never in question. He also
took exception to the staff statement that no EIR would
have been requested had they not anticipated any sig-
nificant adverse impact by the project as Mr. Huang said
that former Planning Director Shaw told him that any
apartment project regardless of location requires an
EIR. It was Mr. Huang's feeling that the change in
Planning personnel has added to the misunderstanding of
his proposed project as he felt that the former Planning
Director found nothing wrong with the project.
John S. Peterson, Boller, Suttner & Peterson, 50 North
First Avenue, Arcadia, stated that the Huang's advised
the City that they were interested in building a 20 -unit
apartment building and were told that this type of
development would be very welcome in the City. At the
time the building moratorium was imposed, the Huang's
plan had already been submitted for preliminary plan
check, which meant that they were already irreversibly
committed to the project. Because the Huang's did not
get correct answers to their inquiries, the property
they purchased is worth substantially less than they had
anticipated. Also, no Planning staff presently on staff
was present at the early discussions regarding the plan
to verify what actually had been discussed and what had
not. At the time of the moratorium, there were four
projects, one of which was the Huang project, which had
an adverse impact on density. The total unit differen-
tial with respect to these projects was 16 units, 7
units of which was in the Huang project. The General
Plan revision and zoning changes probably would not
constitute a compensable taking under First Lutheran,
however, the moratorium would. The damage incurred by
the "taking" would be the capitalized loss of seven
units over the useful life of the building; and the
Planning staff was advised previously that this loss
would be substantial. The moratorium substantially
diminished the Huang's use of the property. Should the
Council allow Mr. Huang to build a 19 -unit apartment, it
would be an impact of six units over and above the
existing use requirements, and is located on a major
thoroughfare, Rosemead Boulevard.
Councilman Dennis inquired of Mr. Huang if during the
time of the moratorium he had received any approvals on
his project from either the Planning Commission or the
City Council.
Mr. Huang responded that he had not since he was working
on getting the Environmental Impact Report.
City Manager Koski referred to the letter dated July 11,
1986 from former Planning Director Shaw wherein he
states that the primary issues related to the Huang
project are noise, density, traffic and the availability
of utilities and governmental services. Regarding the
change in staff in the Planning Department to which both
Mr. Huang and Mr. Peterson referred, the only change was
that of the Planning Director and this change should not
have much of an impact on the present issues of the
project.
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Council Minutes, August 18, 1987 - Page 4
City Attorney Martin suggested that a temporary mora-
toria for purposes of planning do not constitute a
taking, particularly when there are other uses available
in the interim. It would have to be litigated as with
any major change in case law by the Supreme Court; it
takes the lower court several years to work out what the
actual interpretation of the Supreme Court decision will
be. On issues of estoppel, either equitable or promis-
sory, although valid issues were raised, if the facts
recited by the staff report are correct, there would not
be any estoppel present.
Councilman Atkins stated that, after reading all the
written material and hearing the testimony this evening,
it was his opinion that Mr. Huang came to Temple City as
a real estate investor, knowing that there were certain
risks involved with his investment; and it appears that
Mr. Huang proceeded of his own volition with the plans
for and expenditure on his development knowing the
moratorium was in effect and having some idea that there
would more than likely be a reduction in density. His
rights have not been denied any more than any other
property owner in the same position. Councilman Atkins
supported the position of the Planning Commission in
denying Mr. Huang's request for exemption from the
adopted General Plan.
Councilman Dennis, although sympathizing with the posi-
tion that Mr. Huang finds himself in, to grant the
exemption to the General Plan would be defeating the
purpose of the provisions of the General Plan and sees
no justification in granting the appeal.
Mayor Gillanders concurred with Councilmen Atkins and
Dennis.
Councilman Atkins moved to deny the appeal to the deci-
sion of the Planning Commission to grant an exemption
from the adopted General Plan on the proposed develop-
ment of 6126 - 38 Rosemead Boulevard based on the
grounds stated in the Planning Commission decision and
on reasons given this evening by City Councilmembers,
seconded by Councilman Dennis and unanimously carried.
B. ORDINANCE NO. 87- 611(2ND READING) CHANGE IN ZONING FOR
THE AREA IN TEMPLE CITY GENERALLY LOCATED EAST OF THE
ARCADIA WASH NORTH OF LOWER AZUSA AND SOUTH OF LIVE OAK
(ZONE CHANGE 87 -841)
City Manager Koski stated that all the area proposed and
noticed for rezoning was approved by the City Council on
August 4, 1987 with the exception of two parcels located
on the southwest corner of McCulloch and Live Oak, which
was rezoned R -3 from R -4. Ordinance No. 87 -811 approv-
ing Zone Change 87 -841 was introduced for first reading
by title only.
City Attorney Martin introduced for second reading by
title only Ordinance No. 87 -611.
Councilman Atkins moved to waive further reading and
adopt Ordinance No. 87 -611, AN ORDINANCE OF THE CITY
COUNCIL.OF THE CITY OF TEMPLE CITY APPROVING ZONE CHANGE
87 -841, seconded by Councilman Dennis and unanimously
carried.
Council Minutes, August 18, 1987 - Page 5
7. NEW BUSINESS:
A. PUBLIC HEARING: ZONE CHANGE 87 -842 PROPOSED CHANGES IN
ZONING FOR THE AREA OF TEMPLE CITY GENERALLY LOCATED
ALONG THE NORTH SIDE OF LOWER AZUSA ROAD BETWEEN GOLDEN
WEST AND GLICKMAN AND ON EACH SIDE OF BALDWIN NORTH TO
GREEN STREET
City Manager Koski stated that the Planning Commission
approved the zone changes as advertised except for four
parcels on the east side of Willmonte Avenue. The
consensus of the Commission was that these lots should
be low density residential rather than medium density as
designated by the General Plan. These lots are pres-
ently zoned R -1 and the Commission recommends no change.
The parcels are improved with single - family residential
uses. Should City Council concur with the recommenda-
tion of the Planning Commission, staff will re- examine
these lots and process a General Plan amendment at a
future date in order to achieve consistency.
Mayor Gillanders declared the public hearing open and
invited anyone wishing to address the City Council on
the matter to come forward at this time. He requested
that the area located on the north side of Lower Azusa
Road between Golden West and Glickman be discussed
first.
Tricia Bogle, 5127 Golden West Avenue, stated that on
March 26, 1985 the people of Temple City voted that the
property on the northeast corner of Lower Azusa Road and
Golden West Avenue was to retain the R -1 zoning and the
City Council this evening is considering changing the
zoning to R -2. Mrs. Bogle is not in favor of the change
and feels the will of the people should be carried out
by the members of the City Council.
Councilman Atkins stated that it was his opinion that
changing the zoning to R -2 as the density would not be
increased to the degree that it would impact the neigh-
bors appreciably and would be in favor of the R -2 desig-
nation.
Councilman Dennis concurred with Councilman Atkins.
Mayor Gillanders had no objections to the zone designa-
tion.
Mayor Gillanders advised that he lives in the area of
the proposed zone change from R -4 to C -2 on the north-
west corner of Lower Azusa Road and Ryland Avenue and
relayed that several neighbors are unhappy about the
proposed development. The neighbors behind the proposed
development are concerned about having a commercial
development directly behind them and would prefer to
have a residential development instead.
Brent Bergh, 2130 Huntington Drive, South Pasadena,
stated that an application for rezoning on the property
at 10019 - 10047 Lower Azusa Road was filed in April of
1986. He advised that a commercial zone designation was
requested as Lower Azusa has a traffic count of approxi-
mately 30,000 cars per day and the south side of the
street has mainly commercial usage. The owner of the
property will use buffering and will agree to the City
giving site plan approval in order to keep the residents
of the neighborhood happy. Also, by having a commercial
development, it would be contributing to the economic
benefits of the community as well as aesthetic and envi-
ronmental benefit to the neighborhood. A definite
Council Minutes, August 18, 1987 - Page 6
development has not yet been determined by the owner,
but entertains having a development of service busi-
nesses and perhaps retail stores, especially if they
are able to acquire the property presently operated by
Winston Tires.
Doss Sheen, 5612 Golden West Avenue, stated that he is
very concerned about the direction in which the City is
going. He commended the City Council for going ahead
and down - zoning much of the City, giving the residents
the type of community they want to live in. Mr. Sheen
was in disagreement with the C -2 zoning recommended for
the property previously discussed and urged the Council
to concentrate C -2 zoning on Las Tunas Drive and Rose-
mead Boulevard. To impact eight residential homes with
a commercial development is not fair in Mr. Sheen's
opinion and the City Council should not designate this
property C -2.
Councilman Atkins expressed concern regarding the impact
on traffic if the property on the northwest corner of
Lower Azusa Road and Ryland were designated a C -2 zone.
Councilman Dennis stated that he feels that Lower Azusa
Road deserves to have higher density than R -1, but did
not feel that C -2 would be appropriate in that area and
would prefer to see an R -2 designation.
Mayor Gillanders said the noise from a commercial devel-
opment for residents in the immediate area could be
quite disturbing depending upon the type of'business
being conducted at the location. Also, the trash bins
will more than likely have to be stored at the rear of
the commercial property and the noise of the bins being
emptied by the trash pick -up trucks is very unpleasant
and very loud.
Mr. Bergh advised the Mayor that he has on file with the
City a letter requesting that a decision regarding the
rezoning of the property located at 10019 - 10047 Lower
Azusa Road be deferred to a later date as the owner
would like to present alternative uses for the property.
Councilmembers agreed to continue this rezoning to the
meeting of October 20 when there will be a full Council.
Councilman Dennis moved to approve Part A of Zone Change
87 -842 with the exclusion of the parcels of land located
at 4816 -32 Willmonte Avenue, which will remain R -1; and
property located at 10019 -10047 Lower Azusa Road, which
will be considered at a public hearing on October 20,
seconded by Councilman Atkins and unanimously carried.
Mayor Gillanders advised that testimony regarding the
area located on both sides of Baldwin from the property
on the north side of the Winston Tire location to Green
Street and on property located north of the Jack -in-
the -Box to La Rosa Drive would now be heard.
Virgil Jacobson, 4922 Baldwin, stated he was addressing
the area of Baldwin Avenue from Lower Azusa to Green and
requested that the area remain R -1 rather than being
changed to R -2 as he feels this zone designation would
reduce the value of the properties.
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Council Minutes, August 18, 1987 - Page 7
Anna Weintree, 4902 North Baldwin Avenue, advised that
her property is 256 feet deep and 86 feet wide with only
one residence located on the lot. The properties in the
immediate neighborhood have second homes on their lots,
and Mrs. Weintree requested that the City Council con-
sider zoning her property R -2 rather than R -1 in order
that the Weintrees would be able to build a second
structure on their property.
Joann McLean, 4854 North Baldwin Avenue, stated that she
has a second home which is about 400 square feet on her
lot which was grandfathered in forty years ago. Mrs.
McLean was in favor of an R -2 zoning for the area as she
would like at some time in the future to rebuild the
guest home and has assured her neighbors that it would
be aesthetically acceptable.
Nick Toveil, 5031 North Baldwin, asked the members of
the Council if his property would depreciate if his
neighbor built an apartment complex and he chose not to;
and also wanted to know, if the City would were inter-
ested in purchasing his home, would they pay the ap-
praised value of the house or pay him less.
Councilman Dennis advised Mr. Toveil that the Council is
not qualified to give an answer to this type of question
as .none are real estate appraisers; and in response to
Mr. Toveil's second question, Councilman Dennis advised
that the City would pay the market value of the home
should they have any interest in purchasing it.
Tricia Bogle, 5127 Golden West Avenue, said that it
seems that everyone thinks in terms of one house being
built behind the main house, but forget to think about
the ramifications of several houses being removed and
then a project being built right next door to you as in
the case of the Owens project on Golden West which was
zoned R -2.
Doss Sheen, 5612 Golden West Avenue, said he was con-
fused about the reasoning behind the change in zone from
R -1 to R -2 if it was the desire of the City Council to
lower the density and thereby keep consistency in the
zoning.
Mayor Gillanders advised Mr. Sheen that the General Plan
must reflect as much as possible the land uses presently
in existence and the vast majority of the properties in
question have two or more structures on a lot.
Joy Carrothers, 5503 Halifax Road, referred to the
Willmonte properties and advised the Council that the
property just south of it on Lower Azusa, known as the
Batting Cage, is commercially zoned and, therefore, does
not make good sense to have R -1 right next to commercial
zoning.
Anna Weintree, asked the Council if a request must be
made of the City if a resident wishes to add on or build
a new structure and, if there isn't adequate footage, a
resident would not be allowed to build. Mrs. Weintree
asked if an R -2 meant that two residences would be
allowed,on the property.
Mayor Gillanders advised Mrs. Weintree that one resi-
dence per 3,600 square feet is the allowable code provi-
sion.
Council Minutes, August 18, 1987 - Page 8
E.J. Perrou, 5209 North Baldwin Avenue, said that he
would hate to see any part of Baldwin Avenue changed.
If density is increased in the area, traffic will be
greatly impacted, and he feels that Baldwin Avenue
during the time that the Santa Anita Race Track is open
is already very badly congested.
Betty Cassidy, 10021 La Rosa Drive, inquired as to how
many dwellings were located on the property located at
Green and Baldwin.
Mayor Gillanders advised Ms. Cassidy that the map shows
two dwelling units on the property.
Mr. Perrou advised that he is familiar with the subject
property and stated that the property had been sub-
divided into three lots several years ago and has three
separate dwelling units.
Councilman Dennis asked Planning Consultant Mel Tooker
why the zoning was proposed to change from R -1 to R -2 on
Baldwin between La Rosa Drive and Green Street.
Mr. Tooker explained that it was being done to make the
zoning consistent with the General Plan, which desig-
nates the area medium density.
As no one else wished to address the City Council on
Zone Change 87 -842, Councilman Atkins moved to close the
public hearing, seconded by Councilman Dennis and unani-
mously carried.
As Councilmembers were interested in lot sizes on Bal-
dwin between La Rosa and Green, Mayor Gillanders called
a recess at 9:15 p.m.
At 9:30 p.m. Mayor Gillanders reconvened the meeting.
Councilman Atkins stated that if the overall density on
the lots in question were computed, it may well point
out that an error was made in going to an R -2 zoning by
counting dwelling units. If a square -foot basis was to
be used, it would probably come up with an R -1 density;
and he would, therefore, recommend R -1 zoning rather
than R -2 for the subject area.
Councilman Dennis advised that he could not foresee the
ability to develop Baldwin Avenue to medium density even
though it is a heavily travelled street; and it was his
opinion that the area should be kept to single family
density.
Mayor Gillanders stated that Baldwin is the gateway to
Temple City and should be kept looking as attractive as
it does now with single family homes. Having an R -2
zoning might well open the door to unwanted and undesir-
able development. It was the Mayor's opinion that it
would be in the best interest of the community to have
Baldwin between Green and the north side of the commer-
cial zone of Lower Azusa zoned R -1.
Councilman Atkins moved to approve Part B of Zone Change
87 -842 with the exception of Baldwin Avenue between
Green Street and the commercial zone at the intersection
of Baldwin and Lower Azusa, which will remain R -1; and
referred Zone Change 87 -842 to the Planning Commission
to amend the General Plan for consistency, seconded by
Councilman Dennis and unanimously carried.
5 4 8 9
Council Minutes, August 18, 1987 - Page 9
City Attorney Martin introduced for first reading by
title only Ordinance No. 87 -612, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE
CHANGE 87 -842, as amended.
Councilman Atkins moved to waive further reading, sec-
onded by Councilman Dennis and unanimously carried.
Mayor Gillanders explained to those in attendance that
the zoning for the Baldwin Avenue area between Green
Street and La Rosa Drive will remain zoned R -1 and the
problem of development of large lots will be dealt with
at a later date, once the General Plan has been adopted,
by perhaps allowing a second residence on those lots
which have adequate footage as it is the Council's
intention to prevent over - building on Baldwin Avenue.
8. COMMUNICATIONS:
None
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Anna Weintree, 4902 North Baldwin Avenue, asked Mayor Gil -
landers what was meant by "at a later date" because she was
interested in building a second dwelling on her property.
Mayor Gillanders advised that it would be some time later in
the year, perhaps in January.
Joann MacLean, 4854 North Baldwin Avenue, asked if, after
the first of the year, she would be permitted to tear down
and rebuild the second dwelling on her property if she had
adequate footage to permit it.
Councilman Atkins advised that any comment the Council would
make at this time would be purely speculation and, there-
fore, could not give Ms. MacLean an answer.
Doss Sheen, 5612 Golden West Avenue, commended the City
Council for the action they took this evening with respect
to the zone changes.
RECESS TO CRA:
At this time the City Council recessed to meet as the Temple
City Community Redevelopment Agency; approved the Minutes of
the August 4, 1987 meeting; approved staff recommendations
regarding the qualifications from potential developers of
the Block "A: Redevelopment Area; and adopted Resolution No.
CRA 310: Warrants and Demands. The Minutes of the Agency
are set forth in full in the Agency's records.
10. ACTION ON REQUEST BY CRA:
None
11. MATTERS FROM CITY OFFICIALS:
A. LEAGUE OF CALIFORNIA CITIES CONFERENCE, OCTOBER 4 - 7,
1987, SAN FRANCISCO
Councilman Atkins moved to approve the attendance of
City Officials and authorized the conference expense;
and designated Councilman Patrick Froehle as the voting
delegate, with Councilman Swain and City Manager Koski
serving as alternates, seconded by Councilman, Dennis
and unanimously carried.
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Council Minutes, August 18, 1987 - Page 10
B. CITY MANAGER VACATION REQUEST
Councilman Dennis: moved to approve the vacation leave of
the City Manager from September 3 - 25, 1987, seconded
by Councilman Atkins and unanimously carried.
C. PARKS & RECREATION ADMINISTRATORS INSTITUTE - NOVEMBER 8
- 13, 1987, ASILOMAR CONFERENCE GROUNDS
Councilman Atkins moved to authorize the attendance of
the Parks and Recreation Director at the Asilomar Con-
ference November.8 - 13, 1987 and approve the necessary
expenditures, seconded by Councilman Dennis and unani-
mously carried.
D. Councilman Atkins recommended that staff and City Attor-
ney Martin review the City's Ordinances governing the
requirements for rebuilding properties which were non-
conforming and were destroyed by fire or Act of God.
City Manager Koski recommended that the matter be
placed on the next Planning Commission Agenda for re-
view and recommendation to the City Council.
E. Councilman Dennis recommended that the request from
WeTip for $703.80 to make up the difference between the
annual $500 donation from the City and the per capita
cost of $.04 be placed on the next meeting of the City
Council.
F. Councilman Dennis reported that on August 15 he had
attended the reception for the visiting baseball team
from Japan. At the reception Councilman Dennis spoke
with Mr. Ito, the team's representative, and Mr. Ito
brought up the possibility of a sister city relation-
ship with a city near Tokyo and will contact Temple City
after he explores the possibility.
12. ADJOURNMENT:
On motion by Councilman Atkins, seconded by Councilman
Dennis, the meeting of the City Council adjourned at 9:50
p.m. The next regular meeting will be held on Tuesday,
September 1, 1987.
ATTEST:
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Chief De•uty City ' lerk
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