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Home My Public Portal AboutCity Council_Minutes_1985-08-06_Regular 1985CITY OF TEMPLE CITY CITY COUNCIL MINUTES AUGUST 6, 1985 INITIATION: I1: CALL TO ORDER Mayor Dennis called the regular meeting of the City Council to order at 7:35 p.m. on Tuesday, August 6, 1985 in the Council Chamber of City Hall. 2. The invocation was given by Reverend Charles Woodworth of the First Methodist Church, 5957 Golden West Avenue. 3. The Pledge of Allegiance to the Flag was led by Mayor Dennis. 4. ROLL CALL: Present: Councilmen- Atkins, Gillanders, Swain, Tyrell, Dennis Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Planning Director Shaw, Parks and Recreation Director Kobett, Public Works Coordinator Peterson and Julie Estrada of the Temple City Times PRESENTATION: Certificates of Recognition were presented by Mayor Dennis to the players Iand coaches participating in the. Fifth Annual Hawaii Rainbow Soccer Tour- nament. Jess Morell, Commissioner of the Temple City AYSO presented each member of the City Council with a box of chocolates from Hawaii and thanked the City for the support given Temple City AYSO. 5. CONSENT CALENDAR: On motion by Councilman Gillanders, seconded by Councilman Atkins, items A through H on the Consent Calendar were approved as recom- mended. A. APPROVAL OF MINUTES. - Regular Meeting of July 16, 1985 Approved as written. B. RECOMMENDATIONS FROM PARKS.& RECREATION COMMISSION MEETING OF JULY 17, 1985 (1) REQUEST FOR USE. OF PICNIC SHELTER AT LIVE OAK PARK FOR PAN- CAKE 'BREAKFAST - TEMPLE CITY CAMPFIRE GIRLS Council approved the use of Live Oak Park by the Temple City Campfire Girls for their annual Pancake Breakfast on Octo- ber 27, 1985`. from 6 :00.a.m. to 1:00 p.m. subject to the necessary Certificate of Insurance and adherence to estab- lished rules for use of the park. Approval was also subject to the stipulation that the organization use only one truck on the grounds for loading and unloading, but may not be parked on the grounds during serving hours. (2) REQUEST FOR USE 'OF LIVE OAK PARK FACILITIES - TEMPLE CITY AMERICAN LITTLE LEAGUE Council approved the request from Temple City American Little League for use of Live Oak Park as follows: 1) the north and south baseball diamonds; 2) a portion of the grassed area west of the. athletic field, light poles;'3) concession stand. for the sale of. food items from February 1 through • July 31, 1986, Monday through Friday from 4:00 - 10:00 p.m., Saturdays.fr,om7 :00 :a.m..- 10:00 p.m.; 4) picnic shelter for annual pancake breakfast; -and 5) park building to conduct registration. nnn Council Minutes, August 6, 1985 - Page 2 C. PLANNING COMMISSION ACTION - MEETING OF JULY 23, 1985 Council received and filed memo from the Planning Commission out- lining action taken at the Commission's meeting of July 23, 1985. D. APPROVAL OF AGREEMENT - AIR -TRO, INC. Council approved a one -year agreement with Air -Tro, Inc. to pro- vide air conditioning maintenance for City facilities during fiscal year 1985 -86 at a total cost of $2,960. , E. ACCEPTANCE OF BID - REPAINTING OF PAVEMENT MARKINGS AND STRIPI SCHOOLS, SELECT SYSTEM STREETS AND MAINTENANCE AREAS 4, 5.& 6 Council accepted low bid from Safety Striping Service, Inc. in the amount of $22,780..58 for the annual repainting of pavement markings and striping and authorized Mayor and City Clerk to sign the Agreement. F. DISPOSAL OF CITY PROPERTY Council authorized the disposition of City vehicle, 1969 Ford Econo line Van per staff memo. G. PROPOSED AMENDMENT TO THE TEMPLE CITY ZONING CODE RELATING TO FORTUNE - TELLING Council set public hearing for August 20, 1985 regarding the proposed amendment to the Temple City Zoning Code as it relates to fortune - telling. H. RESOLUTION NO. 85-2378: WARRANTS AND DEMANDS Council adopted Resolution No. '85- 2378 authorizing payment.of bills. 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: EXTENDING SECTION 3 OF ORDINANCE NO. 85 -565 AS IT RELATES TO THE ZONING CODE (Pursuant to Government Code Sec- tion 65858) PERTAINING TO. FORTUNE-TELLING City Manager Koski provided background information stating that on June 18, 1985, the City Council adopted an urgency Ordinance relating to fortune- telling. The Ordinance amendment was deemed necessary to bring the Municipal Code into compliance with pre- sent .civil rights. litigation. Section 3 of the Ordinance pro- vides that "all fortune- telling shall be conducted only in C -2 and C -3 zones, and shall be conducted in strict accordance with applicable sign regulations. No such business qualifies as a. 'home occupation' in any zone ". Ordinance No. 85 -565 was passed as an urgency Ordinance and, therefore, was effective immediately upon introduction at the meeting of June 18, 1985. Section 3 of said ordinance, as it pertains to zoning, was passed as an interim zoning Ordinance and as such is effective for a prescribed number of days and may be extended for a continuing period after notice and public hearing. This extension will allow the Planning Co mission time to review and submit final recommendations to the Council for an appropriate amendment to the Zoning Code. Mayor Dennis declared the public hearing open and invited any- one wishing to speak to come forward. There being no one wishing to address Council, Councilman Gil - landers moved to close the public hearing, seconded by Council- man Atkins and unanimously carried. Councilman Gillanders moved to extend by Ordinance No. 85 -567 Section 3 of Ordinance No. 85 -565 for 102 months,—Seconded by Councilman Atkins and unanimously carried. 089 Council Minutes, August 6, 1985 - Page 3 B. PUBLIC HEARING: PROPOSED AMENDMENT TO THE ZONING'CODE TO LIST APARTMENTS AS A PERMITTED USE IN THE R -2 ZONE City Manager Koski stated that on July 9, 1985, the Planning Commission recommended to Council that an Ordinance amendment listing apartments as a permitted use in the R -2 zone be approved. City Council concurred with the Planning Commission relative to a clarification of ambiguity and requested that an amendment to the Zoning Code be processed to list apartments as a permitted use in the R -2 zone. An "apartment" is defined as a building designed and /or used for occupancy by three or more families and containing three or more dwelling units. Presently, the Temple City Zoning Code mentions only single family dwell- ings and duplexes in R -2 zoning. Councilman Gillanders requested clarification of what constituted an R -2 zone. City Manager Koski responded that the Ordinance amendment was only a clarification of ambiguity and not a change. An R -2 zone still requires 3,600 square feet of lot area per unit whether it is a separate unit or an apartment building. Mayor Dennis declared the public hearing open and invited any- one wishing to speak to come forward. There being no one wishing to address Council, Councilman Swain moved to close the public hearing, seconded by Councilman Gil - landers and unanimously carried. Ordinance No. 85 -566, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING ZONING CODE SECTION 9350(1) was introduced for first reading on a roll call vote. (There was no objection to waive reading of the Ordinance in full.) ROLL CALL: AYES: Councilmen- Atkins, Swain, Dennis NOES: Councilmen - Gillanders, Tyrell 7. NEW BUSINESS: A. REQUEST FOR APPROVAL OF APPLICATIONS FOR PERMIT TO PRACTICE FORTUNE - TELLING; APPLICANTS: HELEN LEE AND AGGIE LEE City Manager Koski provided background information for Council, stating that the City has received two applications for a Per- mit to Practice. Fortune- Telling. One applicant is Helen Lee and the other Aggie Lee. A License Detail Investigation Report has been received for each applicant from the Sheriff's Depart- ment indicating that the result of the investigation shows no basis for protest. The City has'received a petition with four signatures opposing the permits with the request that their sig- natures be added to those already submitted. However, as of this date, no other petitions have been received. Pursuant to Ordinance,No. 85 -565,. Section 4810.5 Hearing and Decision of City Council, the City shall have the burden of proof to show the permit should be denied; otherwise, it will be granted. The City Council shall make its order denying or granting the appli- cation within 15 days after completion of the hearing. The decision to be in writing and, if adverse to the applicants, shall contain findings of fact and a determination of the issues presented. City Attorney Martin stated that, since this is the City 's first hearing under the new Ordinance, Council should review the matter carefully and conduct the hearing appropriately. If it cannot be.completed this evening, Mr. Martin recommended it be carried over to the.August 20th meeting. • He also advised Council that he, had received just this evening a packet from Christopher J. Campbeil,.an attorney with Cayer.& Westrup in Long Beach, concerning fortunte- telling ordinances in other cities If Council wishes. to review the material, .copies will be provided. • Council Minutes, August 6, 1985 - Page 4 Councilman Tyrell requested that the matter of the fortune - telling applications be held over until the meeting of the 20th as Council wished to review the documents from Mr. Campbell be- fore granting the permits for fortune - telling. Councilman Tyrell moved to continue the hearing on the appli- cations to practice fortune - telling from Helen Lee and Aggie Lee to the August 20 Council meeting, seconded by Councilman Atkins and unanimously carried. 8. COMMUNICATIONS: A. TEMPLE CITY LIONS CLUB - LETTER LISTING PHILANTHROPIC PROJECTS • Council was in receipt of alette.r from John Muha, President of the Temple City Lions Club, listing twenty projects which the organization has contributed to within the community for a total monetary contribution of $4,800. Council expressed appre- ciation to Les Beauchamp, Treasurer of the Temple City Lions Club, for the many hours and generous financial support given over the years. Councilman Gillanders moved to receive and file the report of community philanthropic service by the Temple City Lions Club in the past year, seconded by Councilman Swain and unanimously carried. 9. TIME FOR THOSE IN. THE AUDIENCE WHO WISH TO. SPEAK: Les Beauchamp, Treasurer, Temple city 'Lions Club, presented a check in the amount of $200to the City for the Junior Ambassadors' trip to Australia this September. Jeff Shaw, President,.'Temple City Rotary Club, presented the City with a check in the amount of ,$:100 for the Junior Ambassadors' trip to Australia. RECESS TO CRA: At this time Council recessed to meet as the Temple City Community Re- development Agency; approved the Minutes of the regular meeting held July 16, 1985; and approved the Warrants. and Demands Resolution. The Minutes are set forth in full in the records of the Agency. RECONVENE AS CITY :COUNCIL: 10. ACTION ON REQUEST BY CRA: None 11. MATTERS FROM CITY OFFICIALS:. A. CITY MANAGER'S, VACATION SCHEDULE -' F Councilman Swain. moved•to. approve'theCity Manager's vacation for the period of August .29 through September 27, 1985, secon- ded by Councilman Gillanders. and unanimously carried. B. STATUS REPORT - CITY HALL REMODEL 1 1 1 City Manager Koski stated that the aluminum portion of the doors has been installed;_ however, the City is still awaiting the glass inserts to. arrive.. Council is expected to take a walk- through tour of the new facility Monday, August 12, at 6:00 p.m. for.acc:ptance of the completed project.: C. ACCEPTANCE. OF BID - PURCHASE. OF WINDOW COVERINGS FOR NEW CITY HALL Councilman Gillanders moved to accept the low bid of Sheward & Son.& Sons in the amount of $4,755 for the purchase of window coverings for the new City Hall;. and authorize the purchase of same, seconded. by Councilman. Atkins and unanimously carried. r `LT 1 Council Minutes, August 6, 1985 - Page 5 12. D. Councilman Swain mentioned the recent publicity of various memor- ials of the holocaust on Hiroshima. While remembrances are appropriate, Councilman Swain felt that very little has been said about the fact that many Americans who fought in that war never returned and that many more might have died had the bomb not been dropped. She felt it was important that Americans remind themselves of what that drastic measure prevented. E. Councilman Gillanders expressed concern regarding the frequent occurrence of drivers neglecting to stop at the intersection of Woodruff and Kauffman since it is a newly designated four -way stop intersection. 'A representative of the Sheriff's Depart- ment in attendance at the Council meeting stated he would for- ward a memorandum to the Traffic Sergeant drawing his attention to the traffic condition at that particular intersection. F. Councilman Atkins recommended to Council that a letter of con - dolence be sent from the City Council to the family of the late Arcadia Police Chief, Charles Mitchell. Council concurred with this recommendation. G. Councilman Tyrell reminded Council of the self- defense classes which will be conducted commencing August 8., during the day, at Live Oak Park and under the direction of Ed Hamile. Councilman Tyrell suggested that women in the community might wish to take . advantage of this enlightening class. H. Mayor Dennis reported that he. and City Manager Koski had met with Temple City School Board President, Shirley Norman, and Superintendent Wes Bossorn, on August l to review the Parks and Recreation Commission's proposed recreation improvement at Temple City High School. Mayor Dennis stated that through this meeting both bodies now have a better understanding of the needs of all, concerned; and, when more definite plans have been made, this information will be provided the Councilmen. ADJOURNMENT: At 8:25 p.m. Councilman Tyrell moved to adjourn the meeting to Mon- day, August..12, at 6:_00 .p.m. in the Council Chamber of City Hall. The next meeting of the City Council will. be held on Tuesday, August 20, 1985, at 7:30 p.m., in the Council Chamber of City Hall. ATTEST: Chief Deputy Cit Deputy Cit ! Clerk 15 OR