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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: 1 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 - 1 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. 1 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. 1 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 1 1 1 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