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HomeMy Public PortalAboutCity Council_Minutes_1988-08-02_Regular 19881 1 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES AUGUST 2, 1988 INITIATION: 1. CALL TO ORDER: Pursuant to Agenda posted on July 29, 1988, Mayor Swain called the meeting of the City Council to order at 7:30 P.M. on Tuesday, August 2, 1988. 2. The invocation was given by Father Owen DeSouza, St. Luke's Catholic Church, 9451 East Broadway. 3. The Pledge of Allegiance to the Flag was led by Mayor Swain. 4. ROLL CALL: Present: Also Present: 5. CONSENT CALENDAR: Councilmen Atkins, Breazeal, Froehle, Gillanders and Swain City Manager Koski, City Attorney Martin, Community Development Director Dawson, Public Works Coordinator Peterson, Parks and Recreation Director Kobett, Asst. to the City Manager Durham, Julie Estrada of the Temple City Times and a representative of the San Gabriel Valley Tribune and the Pacesetter. Councilman Breazeal requested Item A. be removed from the Consent Calendar and Councilman Froehle requested the removal of Item F. Councilman Atkins moved to approve the balance of the Consent Calendar as presented, seconded by Councilman Froehle and unanimously carried. B. RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION REGULAR MEETING OF JULY 20, 1988 - REQUEST FOR RESERVED USE OF CERTAIN TURFED AREAS AND THE CONCESSION STAND AT LIVE OAK PARK FROM TEMPLE CITY YOUTH FOOTBALL - Council approved request from Temple City Youth Foot- ball for reserved use of Live Oak Park subject to the required Certificate of Insurance and adherence to established rules for use of the park. City Council Minutes, August 2, 1988 - Page 2 D. ROSEMEAD BOULEVARD LANDSCAPING PROJECT - Council approved staff proceeding in developing final plans for a major median island planter area for Las Tunas Drive between Rosemead Boulevard and Sultana Avenue per staff memo. E. ORDINANCE NO. 88 -636 (2ND READING) ORDINANCE APPROVES ZONE CHANGE NO. 88 -918 - Council waived further reading and adopted Ordinance No. 88 -636 approving Zoning Change 88 -918 F. COUNTY REGISTRAR RECORDER: REQUEST TO USE CIVIC CENTER AS CHECK -IN CENTER ON NOVEMBER 8, 1988 GENERAL ELECTION Council approved the Registrar Recorder's use of Civic Center as a Check -In Center on November 8, 1988. G. PURCHASE OF FAX MACHINE - Council approved the purchase of a Murata F -30 Facsim- ile Machine at a cost of $1,890.00 (funds allocated in the adopted FY 1988 -89 budget). H. PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF JULY 26, 1988 - Council received and filed. I. RESOLUTION NO. 88 -2802: APPOINTMENT OF BUDGETED PER- SONNEL - Council adopted Resolution No. 88 -2802 approving the appointment of budgeted personnel. J. RESOLUTION NO. 88 -2803: APPROVAL OF PAYMENT OF BILLS - Council adopted Resolution No. 88 -2803 approving claims and demands in the amount of $332,353.79. A. APPROVAL OF MINUTES - Regular Meeting of August 2, 1988 Councilman Breazeal noted and moved to approve the Minutes as corrected by staff to clarify the sequential actions necessary to introduce Ordinance No. 88 -638 for first reading and to approve the three resolutions required to allow the City Clerk to put this item on the ballot; seconded by Councilman Froehle and unani- mously carried. 1 1 1 1 1 1 City Council Minutes, August 2, 1988 - Page 3 C. STATUS REPORT - SANE (SUBSTANCE ABUSE NARCOTICS EDUCA- TION) PROGRAM - Councilman Froehle moved to table this item until a Study Session could be scheduled to review the matter further, seconded by Councilman Atkins and unanimously carried. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: ORDINANCE NO. 88 -638 ADOPTING BY REFERENCE ARTICLE 78 (FIREWORKS) OF ORDINANCE 86 -0004 OF THE COUNTY OF LOS ANGELES (1985 EDITION) OF THE UNIFORM FIRE CODE - City Manager Koski provided background information stating that at their regular meeting of July 19, 1988, Council reviewed the current provisions of the Muni- cipal Code for the sale and use of safe and sane fire- works. Several people expressed concern about the use of safe and sane fireworks and requested Council to prohibit their future sale and use in the City. Repre- sentatives of various youth groups and a fireworks' manufacturer felt Council should not ban the use of safe and sane fireworks for various reasons. The major- ity of Council felt the matter should be placed before the Electorate and introduced for first reading by title only Ordinance No. 88 -638 and adopted three Reso- lutions required to put this matter on the November 8, 1988 General Election. Mayor Swain stated the discussion tonight will not be whether or not the City will ban fireworks; the issue is whether or not this item should be placed on the November 8th ballot for the citizens to decide. Since this subject came up she has received many phone calls from people in the community, both for and against this issue, and she welcomed these calls. However, she has also received several calls from one person of a threatening nature - personal threats to her and threats against the City. Mayor Swain stated this type of coercion or pressure on any member of the City Council will not be tolerated by this Council or any Council in the future. It is unlawful and she re- quested the City Attorney to clarify the law. City Attorney Martin stated it is against the law and in violation of the Penal Code to coerce, intimidate or threaten any member of the legislative body of the City to perform or not perform, to act or not act in a particular manner with regard to the legislative proc- ess. City Council Minutes, August 2, 1988 - Page 4 Councilman Breazeal suggested the wording in the titles of the Ordinance and Resolutions should read "...All Fireworks ". He felt that by adding "All" it would help clarify the issue for the electorate. Mayor Swain declared the public hearing opened and invited anyone wishing to address the City Council on the matter to come forward at this time. Vincent Fazio, Jr., 9414 -1/4 Las Tunas, stated his opposition to putting this matter on the ballot and requested Council to reconsider their vote. Larry Cude, II, 9923 E. Live Oak, stated that he felt the Council members were elected to make these deci- sions and should do so. He was opposed to putting it on the ballot. Pam Zanelli, Representative, Red Devil Fireworks, again suggested to Council the formation of a public educa- tion committee on safe and sane fireworks as an alter- native means of handling this issue. Ms. Zanelli then showed a video aimed at school children between Kinder- garten through Eighth Grade, emphasizing the safe use of fireworks. The committee organization in Orange County in cooperation with the Fire Department and the fireworks industry made copies of this video available to the schools. Answering questions from Council, Ms. Zanelli stated the report is not out on the results of the Committee's efforts in Orange County; however, the general consensus indicated they were amazed how quiet the 4th of July was. Muriel Skinner, 6000 Temple City Blvd., felt Council should make the decision and not put it before the public. Robert Flores, 5322 Pal Mal, asked Council to recon- sider and not put it on the ballot because it would hurt'organizations like the Little League, Veterans, etc. Dick Lucas, 5301 Zadell, said he is opposed to putting this issue on the ballot because it would create prob- lems for the youth groups. Mr. Lucas said at least 50% or better of the funds raised by his group were from the sale of fireworks. 1 1 1 1 1 1 City Council Minutes, August 2, 1988 - Page 5 Leigh Skinner, 6000 Temple City Blvd., said he is opposed to putting this on the ballot. David Saldana, 6th District Commander, VFW, told Coun- cil that many good things were accomplished from the sale of fireworks. He agreed that illegal fireworks are dangerous and stated they sell only Safe and Sane Fireworks. Jerry Farley, 1851 Dawns Way, Fullerton, (Magic Dragon Fireworks), stated they did not have any stands this year in Temple City but the issue is of interest to his company. He requested to see a copy of the Resolution because other cities are placing this same issue on the ballot and he was concerned about the possible differ- ence in the language that may cause confusion with the voters. Mr. Farley felt Council was elected and they should make the decision. Magic Dragon Fireworks does participate in the program outlined by Ms. Zanelli because they feel it is an alternative to the ballot and is a better use of ones services. There are 8 out of 27 cities in Orange County that allow fireworks. In checking with these 8 cities, he found that the vast majority did not have many problems. Mr. Farley then brought up a point of order and re- ferred to statements made by Councilman Gillanders at the last meeting regarding a possible conflict of interest because Councilman Gillanders is actively involved in charitable work and groups that sell fireworks. Councilman Gillanders voted to put this issue on the ballot but perhaps he should not have voted at all. Councilman Gillanders said he had covered this with the City Attorney and requested City Attorney Martin to clarify. City Attorney Martin said that he regarded Mr. Gil - landers' disqualification as voluntary and not requi- site, but regardless it has been ruled that regardless of a personal (not financial) conflict of interest a member can put something on the ballot and let the people vote rather than Council. City Council Minutes, August 2, 1988 - Page 6 Larry Cude, 9923 E. Live Oak, gave a brief history of his involvement in City activities. He questioned the legality of this issue going on the ballot. An Ordi- nance was introduced at the last meeting and Council voted on it. Mr. Cude asked City Attorney Martin if this was legal? Mr. Cude said the Election Code states in order to put something on the ballot you must have an emergency ordinance. Mr. Martin stated that was not correct. Mr. Cude also asked Attorney Martin why there was no public hearing on this item at the last meeting. Additionally Mr. Cude felt the citizens of Temple City and the County of Los Angeles are involved in an unnec- essary election. It is his desire to put the Council members on the ballot in November. Attorney Martin replied that it is appropriate to introduce an ordinance for first reading as was done at the last meeting. The criteria comes up now - can Council adopt the ordinance. Answering Mr. Cude's question, Attorney Martin said a public hearing is not required to introduce an ordinance, and that the Coun- cil is holding a voluntary hearing tonight on 2nd reading. Matt Jacobs, 5329 Alessandro, stated he favored putting this issue on the ballot. The complaints were brought about by the citizens of this community and they should have the opportunity to vote on it. Bob Pitts, 5312 Degas, questioned whether the 1985 edition of the Fire Code is the latest Code and if there were any new policy changes since 1985. Mr. Pitts asked what the official position of the County Fire Department is on fireworks. He personally favored putting this item on the ballot. Additionally, Mr. Pitts asked the City Attorney if there is a Civil Code to prohibit threats from one party to another. He wanted to go on record by stating that not only Council members were receiving threats on this issue, but personal friends of his had also been subjected to similar threats. City Manager Koski stated that Section 78 of the 1985 Code is current. Chief McCann, in answer to Mr. Pitt's question, stated the official position of the County Fire Department is that all fireworks should be banned. 1 1 1 1 1 City Council Minutes, August 2, 1988 - Page 7 City Attorney Martin, addressing the question regarding threats, stated there is a Penal Code section making it a crime to intimidate, coerce or threaten a public official in the performance of their duties. It . is also a violation of the Elections Code to interfere with the orderly process of government and to threaten people not to attend meetings and things of that kind. Lucinda Grant, 5434 El Monte Ave., stated that the people have the right to make the decision. As there was no one else who wished to speak on this issue, Councilman Gillanders moved to close the public hearing, seconded by Councilman Breazeal and unani- mously carried. Councilman Froehle stated this controversial issue affects the public at large and feelings are running high. It is a growing concern and will not go away. There is an election in November and because the popu- lace is divided on this issue he was in favor of let- ting the voters decide the outcome. It is not a matter of indecision on Council's part. Councilman Breazeal said he understood the apprehen- sion of those concerned about placing this item on the ballot. There already are 19 issues on the ballot. He personally felt Council was elected to make decisions and he was opposed to putting this issue on the ballot and perhaps the City should consider the Committee concept. Councilman Atkins stated there are 13 groups involved that raise funds from the sale of fireworks and that seems to be the concern. He felt Council should make the decision and it should not be put on the ballot. Councilman Gillanders restated his position that he was neither for nor against fireworks because of his chari- table work, but would vote to place the issue on the ballot. Mayor Swain agreed with Councilman Froehle's statements that the citizens should decide. If the issue is defeated then perhaps the City should consider the Committee approach as recommended by Ms. Zanelli. She is in favor of placing the issue on the ballot. City Council Minutes, August 2, 1988 - Page 8 Councilman Gillanders moved to waive further reading and adopt Ordinance No. 88 -638, AN ORDINANCE OF THE CITY OF TEMPLE CITY PROHIBITING THE SALE OR USE OF FIREWORKS WITHIN THE CITY LIMITS, REPEALING SECTIONS 3105 -3118 OF THE TEMPLE CITY MUNICIPAL CODE, REPEALING SECTION 3 OF ORDINANCE 86 -587, AND ADOPTING BY REFER- ENCE ARTICLE 78 (FIREWORKS) OF ORDINANCE 86 -0004 OF THE COUNTY OF LOS ANGELES (1985 EDITION) OF THE UNIFORM FIRE CODE AND PLACING THIS ORDINANCE FOR REFERENDUM BY THE ELECTORATE UNDER SECTION 4017 OF THE CALIFORNIA ELECTIONS CODE. There was no objection to read by title only. Councilman Gillanders moved to adopt Ordinance No. 88 -638, seconded by Councilman Froehle and carried on a roll call vote as follows: ROLL CALL: AYES: Councilmen Froehle, Gillanders and Swain NOES: Councilmen Atkins and Breazeal Mayor Swain called a 10 minutes recess at 8:55 P.M. Mayor Swain reconvened the meeting at 9:05 P.M. City Attorney Martin requested re- adoption of Ordi- nance No. 88 -638. Article 78 was adopted by reference but he requested it be put into the ordinance itself. Councilman Gillanders moved to re -adopt Ordinance No. 88 -638 by title only and to include Article 78 as recommended by City Attorney Martin, seconded by Coun- cilman Atkins and carried without objection. B. PUBLIC HEARING: ORDINANCE NO. 88 -637: (2ND READING), ADOPTION OF THE 1987 LOS ANGELES COUNTY ELECTRICAL CODE BY REFERENCE - City Manager Koski provided background information stating that at the Council meeting of July 19, 1988, Ordinance 88 -637 was introduced for first reading by title only, which would adopt the 1987 Los Angeles County Electrical Code. On June 7, 1988, the City Council adopted the Los angeles County Building Code, Plumbing Code and Mechanical Code. At the meeting of July 19, 1988, the Council set a public hearing for the adoption of the updated Electrical Code. No amendments to the National Electrical Code (State Housing Law) were introduced in Title 27. If the City proposes any change or modification to the County Code, it must make a determination that such change is reasonably neces- sary due to local conditions and forward such findings to the State Department of Housing and Community Devel- opment before the effective date of the Ordinance. 1 1 1 1 1 1 City Council Minutes, August 2, 1988 - Page 9 Mayor Swain declared the public hearing open and in- vited anyone wishing to address the City Council on the matter to come forward at this time. As there was no one who wished to speak on this issue, Councilman Gillanders moved to close the public hear- ing, seconded by Councilman Atkins and unanimously carried. Councilman Gillanders moved to waive further reading and adopt Ordinance No. 88 -637, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SEC- TION 7300 OF THE TEMPLE CITY MUNICIPAL CODE BY ADOPTING BY REFERENCE THE LOS ANGELES COUNTY ELECTRICAL CODE AS CONTAINED IN THE 1987 EDITION OF THE LOS ANGELES COUNTY ELECTRICAL CODE; seconded by Councilman Atkins and unanimously carried. 7. NEW BUSINESS: A. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DENIAL OF ZONE VARIANCE NO. 88 -937 AT 5538 ALESSANDRO AVE. (MR. AND MRS. DAVID BRACCI) - Mr. Koski providing background information stated the applicant is requesting.a zone variance to allow a three foot side yard setback instead of the required five foot side yard setback for the second story por- tion of a proposed addition to a single family resi- dence in the R -1 Zone. At the Planning Commission meeting of July 12, 1988, a number of neighbors indi- cated they had no objection to the proposed 3 foot setback. Nonetheless, the Planning Commission was unable to make the necessary findings for granting the variance. Community Development Director Dawson showed a video of the site and surrounding areas. Mayor Swain declared the public hearing open and in- vited anyone wishing to address the City Council on the matter to come forward at this time. Mark Brodka, 9200 Sunset, Los Angeles, an attorney representing Mr. Bracci, addressed the findings made by the Planning Commission at their meeting of July 12, 1988. After a lengthy discussion of the findings made by the Planning Commission and his interpretation of these findings as stated in the Zoning Code and as it pertained to Mr. Bracci's zoning request, Mr. Brodka felt the findings to grant a variance could be made and requested Council to approve the Zone Variance. City Council Minutes, August 2, 1988 - Page 10 Gary Hall, 5546 Alessandro, a neighbor, requested Council to approve the variance just as they did for Mr. Bracci's neighbor. John Wilde, 4905 Baldwin, designer of the project, explained to Council why he felt this proposal was the only feasible way to add on to the existing structure from an aesthetic and financial standpoint. David Bracci, 5538 Alessandro, answered Council's remarks regarding building the addition on the back of the house by calling their attention to an existing garage that is on the property line. Mr. Bracci re- ferred to a letter and a petition signed by neighbors, both of which were included in Council's packets. As there was no one else who wished to speak 6n this issue, Councilman Breazeal moved to close the public hearing, seconded by Councilman Gillanders and unani- mously carried. Councilman Gillanders said he was not particularly happy about building a second story addition 3 feet from the property line but no one seems upset about it. He felt Attorney Brodka had valid points and based on that he had no particular objection. Councilman Atkins could find unusual circumstances resulting from a very bad lot split. He agreed with Councilman Gillanders that there would be no harm caused by the addition particularly with the separation by the driveways, and he would go along with it. Councilman Froehl'e reiterated Temple City residents' concerns about density caused by second story struc- tures being built close to the property line. Prece- dence has been brought up. A bad judgement was made eight years ago, but they are not compelled to live with that decision for years and years. He is con- cerned about setting a precedence and favored support- ing Planning Commission's decision. Councilman Breazeal agreed with Councilman Atkins and felt they were dealing with unusual circumstances as the parcel is only 48 feet in width, they would be denying a right granted to a neighbor and the testimony from neighbors supporting it would indicate it would have no adverse effect on neighboring properties. He was in favor of approving the request. 1 1 1 1 City Council Minutes, August 2, 1988 - Page 11 Mayor Swain understood Planning Commission's decision as the direction of the people in the community is for more open space, more setbacks, etc. Considering the neighbors are in favor of the construction, the unique circumstances cause by the narrow lot and the ordinance addressing these problems has not been passed, she saw no reason not to allow the variance. Councilman Breazeal moved to approve Appeal of Planning Commission denial of Zone Variance No. 88 -937 and approve Negative Declaration for reasons stated in testimony and subject to conditions of approval con- tained in the staff report; seconded by Councilman Atkins and carried with no objections. B. PUBLIC HEARING: APPROVAL OF TENTATIVE TRACT MAP 46384 AND CONDITIONAL USE PERMIT NO. 88 -922 AT 9925 -31 LOWER AZUSA ROAD (CAROTHERS AND BRUNO) - City Manager Koski providing background information stated the applicant proposes to develop eight detached condominium units on an R -2 zoned lot at the northwest corner of Lower Azusa Road and Willmonte Avenue. The proposed development meets the development standards required for condominium projects in the R -2 Zone. The applicant has attempted to design the project to simu- late the surrounding neighborhood with detached units with 20 foot yards adjacent to both Willmonte Avenue and Lower Azusa Road. At the Planning Commission hearing, the property owner immediately to the west expressed concerns regarding traffic along Lower Azusa Road. In response to this the Commission requested the Traffic Commission to review traffic conditions in the vicinity of the subject proposal. The Traffic Commis- sion considered the matter and determined no additional traffic regulations or controls are warranted as a result of this project. Mayor Swain declared the public hearing open and in- vited anyone wishing to address the City Council on the matter to come forward at this time. Ming -Nang Chen, 600 W. Main St., Alhambra, applicant, pointed out to Council that the project meets zoning requirements. He could build 9 units but chose to build 8 which will allow for a better development. Councilman Breazeal inquired as to whether Mr. Chen had read the conditions and if he had any comments, and Mr. Chen said he had read and agreed to them. City Council Minutes, August 2, 1988 - Page 12 As there was no one else who wished to speak on this issue, Councilman Gillanders moved to close the public hearing, seconded by Councilman Breazeal and unani- mously carried. Councilman Atkins indicated the development met the code and he was asking for the required CUP so he did not object. The other Council members concurred with Councilman Atkins' statements. Councilman Breazeal moved to approve Tentative Tract No. 46384 and Conditional Use Permit No. 88 -922 at 9925 Lower Azusa Road subject to the conditions of approval contained in staff's report; seconded by Councilman Atkins and unanimously carried. 8. COMMUNICATIONS: None. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Pat Leone, 5650 El Monte Ave., informed Council of a prob- lem existing with the Arcadia Dial -A -Ride and requested this item be put on the Agenda for the next Council meet- ing. City Manager Koski said this public request is sufficient to place the matter on the Agenda and asked Ms. Leone to have all materials to be reviewed by Council into City Hall early in the week preceding the meeting. Lucinda Grant, 5434 El Monte Ave., thanked the Mayor and staff members for help she received in handling a problem with her property. RECESS TO CRA: At 9:55 P.M., the City Council recessed to meet as the Temple City Community Redevelopment Agency; approved the Minutes of the July 19, 1988 meeting, adopted Resolution No. CRA 338 authorizing payment of bills and received and filed staff report of meeting held July 25, 1988 with Concerned Citizens regarding Block "A" Redevelopment. RECONVENE AS CITY COUNCIL AT 10:00 P.M. 10. ACTION ON REQUEST BY CRA: None. 1 1 1 1 City Council Minutes, August 2, 1988 - Page 13 11. MATTERS FROM CITY OFFICIALS: Councilman Atkins reported briefly on a letter from SCAG and Council discussed several of SCAG's present programs. City Manager Koski brought up a point regarding the elec- tion in November. One of the Resolutions adopted allows for arguments by members of Council, those supporting the issue and those who do not. If they wish to write argument for or against they must be in by Monday, August 15, 1988. 12. ADJOURNMENT: On motion by Councilman Atkins, seconded by Councilman Froehle, the meeting of the City Council was adjourned at 10:10 P.M. The next regular meeting will be held on August 16, 1988, at 7:30 P.M. in the Council Chambers, 5938 North Kauffman Avenue, Temple City. ATTEST: Chief Deputy Ci erk