HomeMy Public PortalAboutCity Council_Minutes_1988-11-15_Regular 19881
INITIATION:
1. CALL TO ORDER:
CITY OF TEMPLE CITY
CITY COUNCIL MINUTES
NOVEMBER 15, 1988
Pursuant to Agenda posted on November 11, 1988, Mayor Swain
called the meeting of the City Council to order at 7:30 P.M.
on Tuesday, November 15, 1988.
2. The invocation was given by Rabbi Lachtman, Temple Beth David,
9677 Longden Avenue.
3. The Pledge of Allegiance to the Flag was led by Mayor Swain.
4. ROLL CALL:
Present: Councilman Atkins, Breazeal, Gillanders,
Froehle and Swain
Absent:
Also Present:
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5. CONSENT CALENDAR:
City Manager Koski, City Attorney Martin,
Community Development Director Dawson,
Public Works Coordinator Peterson, Temple
City Times Staff Writer Estrada, Pacesetter
Staff Writer Holtzclaw, Los Angeles Times
Staff Writer Kelley and a representative of
the San Gabriel Valley Tribune.
Councilman Breazeal stated his abstention on approval of Item
A. and requested Item C. be removed for discussion. Council-
man Atkins moved to approve the remainder of the Consent
Calendar as presented, seconded by Councilman Froehle and
carried.
A. APPROVAL OF MINUTES - Regular Meeting of November 1, 1988.
Approved as written
B. RECOMMENDATION FROM PARKS & RECREATION COMMISSION MEETING
OCTOBER 19, 1988 - REQUEST FOR USE OF TEMPLE CITY PARK BY
TEMPLE CITY CHAMBER OF COMMERCE -
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City Council Minutes, November 15, 1988 - Page 2
Council approved the use of the southwest area of Temple
City Park by the Temple City Chamber of Commerce for an
Old Fashioned Christmas Event to be held on December 2,
1988. This approval is subject to the required Certifi-
cate of Insurance from the applicant and all organizations
selling food and if snow is used, a responsible adult be
present until the snow presents no hazard to the public.
D MUNICIPAL CODE AMENDMENT: ORD. NO. 88 -642 (2ND READING)
ANNUAL OVERNIGHT PARKING PERMIT FEES -
Council waived further reading and adopted Ordinance No.
88 -642, an ordinance of the City Council of the City of
Temple City amending Section 3326 of the Temple City
Municipal Code relating to overnight parking fees.
E TT #43590, 5562 WELLAND - RELEASE OF LABOR AND MATERIALS
BOND -
Council authorized release of Labor and Material Bond in
the amount of $1,000, directed City Clerk to notify L.A.
County Public Works Dept. and directed City Treasurer to
prepare check.
F. PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF
NOVEMBER 8, 1988 -
Council received and filed.
G . RESOLUTION NO. 88 -2823 - APPOINTMENT OF PERSONNEL
Council adopted Resolution No. 88 -2823 approving the
appointment of budgeted personnel.
H. RESOLUTION NO. 88 -2824 - APPROVAL OF PAYMENT OF BILLS
Council adopted Resolution No. 88 -2824 approving claims
and demands in the amount of $231,332.48.
C. RECOMMENDATION FROM TRAFFIC COMMISSION MEETING OF NOVEMBER
2, 1988 - HOLIDAY PARKING ENFORCEMENT PUBLIC PARKING LOTS-
Councilman Breazeal stated the subject of increased holi-
day parking enforcement came up at the Revitalization
Committee meeting and it was the consensus of the Commit-
tee that it is just not necessary this year. They felt
regular parking enforcement would be adequate except
perhaps in the case of the K -Mart Shopping Center.
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City Council Minutes, November 15, 1988 - Page 3
Councilman Breazeal moved to not approve the Traffic
Commission's recommendation for increased parking enforce-
ment during the forthcoming holiday season except in the
K -Mart Shopping Center and allow the City Manager to
monitor the situation and implement a parking enforcement
program if the need arises; seconded by Councilman Froehle
and unanimously carried.
Mayor Swain requested Item 11.A. on the Agenda be taken out of
order.
11. MATTERS FROM CITY OFFICIALS:
A. APPOINTMENT OF TRAFFIC COMMISSIONER
Mayor Swain stated several applications were reviewed and
applicants interviewed. Council takes pride in the Com-
missions and the Commissioners who put in a great many
volunteer hours at no pay. They do a tremendous service
for the community.
Councilman Breazeal moved to nominate as Traffic Commis-
sioner Harry Aronson, a resident who has been active in
community affairs for many years; seconded by Councilman
Froehle and carried, with Councilman Gillanders abstain-
ing.
City Manager Koski administered the Oath of Office to Mr.
Aronson, introduced him to the Council members and wel-
comed him as a member of the team.
6. UNFINISHED BUSINESS: None
7. NEW BUSINESS:
A. COUNCIL HEARING: REQUEST FOR FORTUNE TELLING PERMIT AT
8835 LAS TUNAS DRIVE, (ADAMS, JANIE) -
Providing background information, City Manager Koski
stated the applicant previously submitted a request, to
establish a fortune telling business in the C -2 Zone.
Fortune Telling is permitted only in the C -3 Zone, there-
fore the application was not processed. This application
is to establish a fortune telling business at the above
address, which is located in a C -3 Zone. Fingerprints and
other background information are on file from the previous
application. Additionally, the Sheriff's office conducted
the standard investigation and provided the required
report to the City. Council shall approve the issuance of
a permit if the four specific findings can be made as
stated in staff's report of November 15, 1988. Con-
City Council Minutes, November 15, 1988 - Page 4
versely, Council shall deny the permit only if it cannot
make each of the findings. Approval shall be subject to
pertinent business information provided by the applicant
as outlined in staff's memo of November 15, 1988.
Councilman Breazeal questioned a discrepancy between the
Sheriff's Investigation Report and staff's report; one
states the business will be limited to palm reading only
and the other indicates the name to be "Janie Psychic &
Tarot Card Reader."
Mayor Swain declared the public hearing open and invited
anyone wishing to address the City Council on the matter
to come forward at this time.
Janie Adams, 8971 E. Fairview, San Gabriel, applicant,
answering Council's questions, stated the business would
consist of palm reading, psychic reading and tarot card
reading. Ms. Adams said she was aware the business hours
were from 9:00 A.M. to 6:00 P.M. and no business would be
conducted in the evening. She also indicated she was
aware that no additional signage would be permitted par-
ticularly signs on the front windows. Additionally, Ms.
Adams affirmed that she would be the sole employee, did
not plan to lease out office space and understood that no
one can live or spend the night in the building.
As there was no one else who wished to speak on this item,
Councilman Gillanders moved to close the public hearing,
seconded by Councilman Froehle and unanimously carried.
In answer to Council's questions, Community Development
Director Dawson said the existing sign conforms with the
present sign regulations. Also, in regard to the seven,
very small, divided rooms, Mr. Dawson said the building
as shown was all done with permits prior to adoption of an
Ordinance prohibiting the subdivision of commercial pro -
perty.
Councilman Atkins had two objections to this particular
business. First, this type of business takes advantage of
the gullible and naive. Secondly, he felt it is a zoning
problem because other businesses do not want to be located
near them.
Councilman Gillanders stated this is not a good example of
American commerce; however, the City has created some
ground rules and the applicant has complied with these
rules. Personal beliefs must be set aside and, whether he
likes it or not, he could not see any option but to ap-
prove the request.
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City Council Minutes, November 15, 1988.- Page 5
Councilman Froehle agreed with Councilman Gillanders,
adding that Council cannot by law prohibit the business as
long as they meet the requirements.
Councilman Breazeal agreed with predecessors.
Mayor Swain also agreed with the above comments, adding
that Ms. Adams has the right to be in business and has met
all the requirements, regulations, etc.
Councilman Gillanders moved to approve the subject fortune
telling permit subject to conditions as stated in the
staff report as corrected and clarified; seconded by
Councilman Breazeal and carried, with Councilman Atkins
abstaining.
B. RECOMMENDATION FROM PARKS & RECREATION COMMISSION AD-
JOURNED MEETING OF NOVEMBER 2, 1988 - PROPOSED IMPROVE-
MENTS TO LIVE OAK PARK USING CALIFORNIA WILDLIFE COASTAL
AND PARK LAND CONSERVATION BOND ACT OF 1988 FUNDS (PROPO-
SITION 70)
Providing background information, City Manager Koski
stated that in 1988, Proposition 70 was passed making
grant funds available for projects for park and recreation
purposes. Under this program, Temple City is eligible to
receive $97.,00.0.00. Parks and Recreation Commission
identified ten needed projects at the park and have se-
lected what they felt to be the five most needed projects
for Council's consideration. These projects include:
Resurfacing the basketball /volleyball courts with con-
crete; replace pathways in the play apparatus area with
concrete; replace the bleachers on the north ball diamond;
replace bleachers on the south ball diamond and install a
sand volleyball court. The estimated cost of these five
projects is $125,762.00, or $28,762.00 in excess of the
grant funds.
Council discussed Parks & Recreation Commission's proposed
improvements to Live Oak Park using California Wildlife
Coastal and Park Land Conservation Bond Act funds. It was
the consensus of Council that the subject item should be
returned to the Parks & Recreation Commission with the
request that they prioritize the projects, address the
irrigation system and stay within the $97,000.00. Also,
it was suggested the Commission consider discussing poten-
tial hazards with the City's Risk Manager.
Councilman Froehle moved that the matter regarding Parks &
Recreation Commission's proposed recommendations be re-
ferred back to them for further study and consideration as
requested above; seconded by Councilman Gillanders and
unanimously carried.
City Council Minutes, November 15, 1988 - Page 6
8. COMMUNICATIONS: None
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Robert Taylor, 6052 Golden West, discussed with Council
problems he was experiencing in overnight parking in front of
his home. His driveway will accommodate only three vehicles
and because of the size of his family, each one a driver,
there is insufficient space in the driveway to park all the
vehicles. Because of his type of work he must have access to
his car 24 hours a day. He has been parking on the street
and has received several parking tickets.
Council recommended Mr. Taylor contact Public Works Coordina-
tor Peterson and discuss the procedure for filing application
for a parking permit.
Dr. Ray Ceniceroz, 2712 Winthrop Ave., explained to Council
that he frequently uses the facilities at Live Oak Park and
has seen a gradual deterioration. He was pleased to see they
were considering improvements and suggested the basketball
courts needed resurfacing, the height of the court is uneven,
a drinking fountain in close proximity to the court should be
installed, the trees need to be trimmed on a regular basis,
and- "lights should be installed so the courts can be used on a
pay -as- you -play basis. He would be willing to help raise the
needed funds if necessary.
Council thanked him for his concerns and recommended he
attend the next Parks & Recreation Commission meeting with
his suggestions.
RECESS TO JOINT PUBLIC HEARING WITH CRA:
At 8:15 P.M., Council and the Community Redevelopment Agency
held a joint public hearing on the Supplemental Environmental
Impact Report for Block "A" of the Rosemead Redevelopment
Project and received public testimony. The Minutes of the
Agency are set forth in full in the Agency's records.
CONVENE AS CRA
At 9:15 P.M., the City Council met as the Temple City Commu-
nity Redevelopment Agency; approved the Minutes of the Novem-
ber 1, 1988 meeting and adopted Resolution No. CRA 346
authorizing payment of bills. The Minutes of the Agency are
set forth in full in the Agency's records.
RECONVENE AS CITY COUNCIL
10. ACTION ON REQUEST BY CRA: None
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City Council Minutes, November 15, 1988 - Page 7
11 MATTERS FROM CITY OFFICIALS:
Councilman Breazeal, referred to a comment made by Councilman
Atkins at the last meeting that he heard Orange County Super-
visors voiced strong objections to the Air Quality Manage-
ment Draft Plan, quoted an article from the October 26th Los
Angeles Times which said the Supervisors called the report
"farfetched" and "counterproductive." Councilman Breazeal
also felt that after increasing the fee for overnight parking
permits, perhaps a list should be compiled of all fees, with
a time and cost breakdown, and every two years a cost analy-
sis should be done. He felt they should not wait 25 years to
increase fees.
Councilman Froehle told Council he represented the City at
Fire Chief John Englund's Retirement Dinner and had the
pleasure of presenting a placque to him from Temple City.
Councilman Atkins suggested that perhaps a study session
should be planned to discuss home occupancy inspections. The
City is experiencing demographic changes and is seeing the
conversion of garages into living quarters, the division of
single family homes into duplexes, etc. At some future date
set a time for a study session and instruct staff to prepare
a report and include what other cities are doing. Also,
Councilman Atkins brought up the fact that the real estate
people in town are putting up their "For Sale" and "Open
House" signs on public right -of -way and on private property
without asking residents.
Mayor Swain commented on the outcome of Proposition PP
(Fireworks) and felt Council was vindicated in taking the
issue to the citizens. Temple City will continue to have
legal fireworks but with over 11,000 votes cast, there was
only a difference of 300 votes.
12. ADJOURNMENT:
On motion by Councilman Atkins, seconded by Councilman Gil -
landers, the meeting of the City Council was adjourned at
9:30 P.M. The next regular meeting will be held on December
6, 1988, at 7:30 P.M. in the Council Chambers, 5938 North
Kauffman Avenue.
Chief Deput