Loading...
HomeMy Public PortalAboutCity Council_Minutes_1985-08-20_Regular 19851 PITT OF TEMPLE CITY CITY COUNCIL AUGUST 20, 1985 INITIATION: 1. CALL TO ORDER: Mayor Dennis called the regular meeting of the City Council to order at 7:35 p.m. on Tuesday, August 20, 1985, in the Council Chambers. 2. The invocation was given by Reverend Barry Vail, Bethlehem Lutheran Church, 5319 North Halifax Road. 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, Associate Planner Bowman, Parks and Recreation Director Kobett, Public Works Coordinator Peterson and Julie Estrada of the Temple City Times. PRESENTATION: Mayor Dennis presented to Don Journey, Master of Masonic Lodge No. 612 of Temple City, with ..a Proclamation proclaiming the month of September as Constitution Observance Month. 1 CONSENT CALENDAR: Mayor Dennis requested that item C be removed from the Consent Cal- endar. Councilman Gillanders moved to approve all items on the Consent Cal- endar with the exception of item C, seconded by Councilman Swain and unanimously carried. A. (1) APPROVAL. OF MINUTES - Regular Meeting of August 6, 1985 Approved as written. (2). APPROVAL OF MINUTES - Adjourned Meeting of August 12, 1985 Approved as written. B. 'RECOMMENDATION FROM TRAFFIC. COMMISSION MEETING OF AUGUST 7,• 1985. (1) ADDITIONAL STOPS - KAUFFMAN AVENUE AND WOODRUFF AVENUE Council concurred with the recommendation of the Traffic Commission that no change. be made at the intersection of Kauffman and Woodruff Avenues. D. PLANNING:COMMISSION ACTION - MEETING OF AUGUST 13, 1985 • Council received and filed memo from the Planning Commission outlining action taken at the Commission's meeting of August 13, 1985: E. 1985 -86 CHIP AND SLURRY SEAL PROGRAM a Council approved the plans and specifications for the 1985 -86 Chip. and Slurry Seal Program in Maintenance Area 4, and author- ized staff to solicit bids. 1rz r 8 Council Minutes, August 20, 1985 - Page 2 F. RESOLUTION NO. 85 -2379: WARRANTS AND DEMANDS Council adopted. Resolution No. 85 -2379 authorizing payment of bills. CONSENT CALENDAR C. - RENEWAL OF STUDENT AND THE LAW AGREEMENTS RE: TEMPLE CITY UNIFIED SCHOOL DISTRICT, FIRST LUTHERAN, ST. LUKE'S AND CLEMINSON SCHOOLS Mayor Dennis inquired if the contract covering the Student and the Law Program with Cleminson School should not, in fact, be contracted with the El Monte Elementary School District. It was determined.. that the contract should be with the El Monte Elementary School District and will be changed. Councilman Swain moved to approve the Student and the Law Agree- ments with the modification that the City contract with the school districts where applicable, and authorize the Mayor and City Clerk to sign the Agreements with First Lutheran School, St. Luke's Catholic School, Temple City Unified School District for Oak Avenue Junior High School, and El Monte Elementary School District for Cleminson School, seconded by Councilman Gillanders and unanimously carried. 6. UNFINISHED BUSINESS: 1s A ORDINANCE NO. 85 -566 (Second Reading) ORDINANCE AMENDMENT RELATIVE TO APARTMENTS LOCATED IN THE R -2 ZONE City Manager Koski presented background information stating that the Planning Commission on July 9, 1985, recommended to the City Council that approval be granted to an Ordinance amend- ment listing apartments as a permitted use in the R -2 zone. In 1980 Ordinance No. 80 -496 was adopted which added design criteria for apartment construction in the R -2 zone, however, this provision is inconsistent with the section of the Zoning Code which provides permitted uses in the R -2 zone. On April 1 , 1985, the 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. A Negative Declaration of Environmental Impact has been prepared indicating that the ordin- ance amendment will not have a significant impact on the en- vironment. Councilman Atkins moved to certify the Negative Declaration'of Environmental Impact, seconded by Councilman Gillanders and unanimously carried. Councilman Gillanders moved to waive further reading of Ordin- ance No. 85 -566, an Ordinance amendment relative to apartments located in the R -2 Zone, seconded by Councilman Swain and unani- mously carried. Councilman Atkins moved to adopt Ordinance No. 85 -566, seconded by Councilman Gillanders and carried on a roll call vote. Roll Call: AYES: NOES: ABSENT: Councilmen- Atkins, Gillanders, Dennis Councilmen - Swain, Tyrell Councilmen -None B. PUBLIC HEARING: RENEWAL OF FRANCHISE FOR SOUTHERN CALIFORNIA WATER COMPANY City Manager Koski stated that Southern California Water Company has held a franchise in Temple City since 1969 when the City granted to the company a 15 -year franchise. The water company was to pay to the City a sum of money equal to 2% of the gross annual receipts of the company which were derived from the pos- session of the franchise, but in no case less than 1% of the gross annual receipts derived from the sale of water within Temple City. Council Minutes, August 20, 1985 - Page 3 Councilman Atkins inquired if there had been any problems reported regarding the quality of service received from Southern California Water Company. City Manager Koski reported that no complaints to his knowledge had been received. 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. Councilman Gillanders moved to certify the Negative Declaration of Environmental Impact, seconded by Councilman Atkins and unani- mously carried. City Attorney Martin introduced. Ordinance No. 85 -568, AN ORDIN- ANCE OF THE CITY OF TEMPLE CITY GRANTING TO SOUTHERN CALIFORNIA WATER COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO LAY AND USE, FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES, PIPELINES AND OTHER FACILITIES, IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF TEMPLE CITY for first reading by title only. Councilman Atkins moved to waive further reading of Ordinance No. 85 -568, seconded by Councilman Gillanders and unanimously carried. C. PUBLIC HEARING: PROPOSED AMENDMENT TO THE TEMPLE CITY ZONING CODE RELATIVE TO FORTUNE - TELLING City Manager Koski stated that on July 23, 1985, the Planning Commission approved. and recommended that the City Council approve an amendment to the Zoning Code to allow fortune- telling as a permitted use in the C -2 and C -3 Zones and to provide that fortune - telling does not qualify as a home occupation in any zone. The amendments as proposed was adopted. by the City Council on June 18, 1985. The Ordinance Amendment was deemed necessary to bring the Code into compliance with the present -day court action. A Nega- tive Declaration of Environmental Impact has been filed. Mr. Koski also recommended that Council consider other possible positions in the zoning amendment. based on documentation received from attorney,•Chris Campbell. Councilman Gillanders expressed concern that the City had acted too quickly in adopting the Urgency Ordinance regarding fortune - telling and had not given adequate consideration to fees and licensing in view .of the charges other cities are making for fortune - telling permits. City Attorney Martin responded that he felt that the City had acted correctly since it was anticipated that the Supreme Court would rule that fortune- telling was a lawful business and could not be restricted in any manner differently or dissimilarly to other businesses of the •same type. After some discussion as to whether items C and D should be heard together or separately, it was decided that each item should be handled. as a separate item. Mayor Dennis declared. the public hearing open and invited any- one wishing to speak to come forward. Bernard R. Schulhof, 6922 Hollywood Boulevard, Suite 201, Holly- wood, California 90028, one of the attorneys representing the Lee's., stated that it was their understanding that an Urgency Ordinance passed for forty -five days which permitted fortune - telling in C -2 and C -3 and that the Lee's in reliance of that Ordinance, had entered into lease agreements in the C -2 and C -3 zones. Mr. Schulhof. quoted Section 4811 of Ordinance 85 -565 wherein is stated, "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 ". 13 016 Council Minutes, August 20, 1985 - Page 4 Councilman Swain reminded Mr. Schulhof that the Ordinance also states that the applicant must also have a license'and must meet all criteria; and the Lee's do not have a license nor have they applied to the City to have their signs okayed in order that they conform with the signing Ordinances. The business, as leased and as entered into is at this time illegal. Mr. Schulhof agreed that the clients did act with poor judgment in painting the windows and did so without consulting with coun- sel. He stated that the window painting will be removed. How- ever, based on the City's Ordinance stating that fortune - tellin would be allowed in both C -2 and C -3 zones, Aggie Lee did enter into a lease agreement for her place of business. City Attorney Martin stated that zoning can be changed up until the permits are issued and that the purpose of an Interim Urgency Ordinance is to hold the line until a permanent Ordinance is adopted by the Council. Counsel Howard Beckler concurred with Mr. Martin that zoning could be changed by Council up until the last minute. City Attorney Martin asked Mr. Beckler if he would like to argue C -2 or C -3 and would he take either one. Mr. Beckler agreed that he would take either C -2 or C -3. Jeanne Dressen stated. that 8813, which is the location of one of the applicants, is right next to a pre - school. She expressed concern about the proximity of such a business right next to a pre-school, and in an area where Mrs. Dressen would shop with her children. She felt that fortune- telling had no place in Temple City. Councilman Tyrell reminded Mrs. Dressen that the Supreme Court has made its ruling and that the Council had no choice as to whether fortune- telling would be allowed only where and who. Councilman Gillanders moved to close the public hearing, secon- ded by Councilman Atkins and unanimously carried. City Attorney Martin advised. Council that before them is an interim ordinance permitting fortune- telling in zone C -2 and C -3 and tonight they must decide whether to make it a perma- nent ordinance or not. Council must decide finally in what zone fortune - telling will be. allowed - - C -2, C3 or C -2 and C -3. City Manager Koski inquired of counsel whether City Council has the option to consider whether it should be under a con- ditional use permit. Mr. Martin responded saying that the difficulty with a condi- tional use permit is the same problem the City has with adult businesses. There are no standards for operating, although there may .,be .a dispersal type of zoning regulation stipulating the distance that such .. a business may be from another type of operation. Mr. Martin was asked if an age restriction of customers could be applied, and Mr. Martin responded that freedom of speech applies even to minors. Councilman Tyrell voiced the opinion that he would, like to see fortune - telling restricted to C -3 zone only. Mr. Martin suggested to Council that a new interim ordinance be adopted allowing fortune - telling in C -3, placing a moratorium on C-2 and returning the matter back to the Planning Commission for study, and also proceeding with the application located in C -3. 15 o Council Minutes, August 20, 1985 - Page 5 With Council concurrence, City Attorney Martin introduced Ordinance No. 85 -570, AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, PURSUANT TO SECTION 65858 OF THE GOVERNMENT CODE AMENDING ORDINANCE NO. 85 -565. Council- man Atkins moved to waive further reading and adopt Ordinance No. 85- 570; place:a moratorium on C -2 and return the matter back to the Planning Commission for study to determine whether fortune - telling has a place in a C -2 zone, seconded by Council- man Gillanders and unanimously carried. D REQUEST FOR APPROVAL OF APPLICATION FOR PERMIT TO PRACTICE FORTUNE - TELLING; APPLICANT: HELEN LEE Mr. Martin advised Council that, having made a determination, the next order of business should now be 'to proceed with the application for a fortune - telling permit in a C -3 zone. Mayor Dennis declared the public hearing open and invited any- one wishing to speak to come forward. Howard Beckier .(attorney 'representing Helen Lee), 6922 Hollywood Boulevard,Suite 201, Hollywood, California 90028 stated that all the terms of the Council are reasonable and agreeable to both. attorneys,. but mentioned also that hours and age should not deter the Council. because there. are other laws to protect. Mr. Martin'inquired of Mr. Beckler•if there was an understand- ing between the City Council and the attorneys that the appli- cation in C .-2 may remain status quo - - applied for but not processed.- - until the matter of zoning is settled. Mr. Beckler responded to :the: affirmative. Councilman Tyrell requested that the letter from Bethlehem Lutheran Church be made a part of the hearing, seconded by Councilman Atkins. and unanimously carried. Mr. Beckier continued regarding the. application of Helen Lee stating that the investigation. by the Sheriff's Department found nothing derogatory in Miss Lee's record and, therefore, requested that the.appiication. for. a permit to practice fortune - telling be granted, Jeanne Dressen stated that she has • petitions with her from mem- bers of.churches in the area opposing fortune- telling in Temple City, Councilman Gillanders moved to. have the petitions made a part of the, hearing,' Seconded. by Councilman Swain and unanimously carried. Mrs. Dressen asked if she may know how long Helen Lee has lived in Temple City; if she is indeed a resident; if she is American born; if not, is she a citizen. Council advised Mrs. Dressen that these are not criteria for issuance of. a license.` Ann McC1e.,land 5843 Camellia Avenue, advised the Council that s e a rea• n t e os nge es Times that not only will fortune- telling .be allowed in Temple City, but many other satanic acti- vities. and,. as. a parent, was very concerned that this would be available. She also expressed disappointment that the Temple City Times had not apprised the citizens of the City of what all, was involved in the fortune - telling ordinance. Paul Torres, pastor of a church on Oak Avenue and also a resi- dent of Temple City for the past 12 years, stated that, since Temple City is a. very family- oriented town, fortune- telling has no place in the City. Mr. Torres expressed the hope that residents of. Temple City would take the stand that the Mayor of Azusa took when he said that he would do everything in his power to see that fortune - tellers would not succeed in his city in spite of the Supreme Court ruling. 15 0 4 Council Minutes, August 20, 1985 - Page 6 • Council advised those who spoke against fortune - telling that it was not a matter if there will be fortune - telling, but rather where and who in view of the Supreme Court ruling. There being no one else wishing to speak to the issue, Council- man Gillanders moved to close the public hearing, seconded by Councilman Swain and unanimously carried. City Attorney Martin reviewed the hearing, stating that it was his understanding that Mr. Beckler has reached an understanding with him that: (1) the applicant in the C -2 zone (Aggie Lee) had acted prematurely and not with the best judgment in paintin her shop window; (2) that the window will be painted out; (3) the application will be deferred until the City Council receives back from the Planning Commission within a reasonable period of time, say 60.days, the recommendation whether fortune - telling - should be allowed in a C -2 zone; (4) once the recommendation is received, the matter will be brought before the City Council; (5) the Council has placed a moratorium on fortune - telling in C -2; (6) the C -3 zone will stand; and (7) Council has now under consideration a permit for a fortune- telling permit in the.0 -3 zone to which no specific objection as to the applicant's per- sonal qualification . has been raised. Mr. Beckler concurred with Mr. Martin as to each item 1 - 7. Councilman Gillanders moved to approve the application of Helen Lee for a fortune - telling permit at 88132 Las Tunas Drive, seconded. by Mayor Dennis. and unanimously carried. 7. NEW BUSINESS: A. PROPOSED AGREEMENT WITH PLANNING AND DEVELOPMENT CONSULTANT FOR BUSINESS REVITALIZATION PROGRAM. City Manager Koski stated that a contract proposal has been received from Lee Strong dba Downtown Focus providing for a reimbursement rate of $35'per hour plus reimbursement for reasonable out -of- ,pocket expenses for a total not to exceed $10,000. • Mayor Dennis requested that the agreement be modified to indi- cate a starting date and a time for completion. Councilman Gillanders moved to accept the proposed Agreement with Planning. and Development Consultant, Lee Strong dba Down- town Focus for a business revitalization program with the modi- fication of time; amend the adopted budget accordingly; in- struct the City Attorney to review and approve the contract; and instruct the Mayor to sign the Agreement, seconded by Councilman Tyrell..and unanimously carried. 8. COMMUNICATIONS: A. CHAMBER OF COMMERCE - TWO-YEAR PLAN City Manager Koski reported that the Board of Directors of the Chamber of Commerce had voted to put into effect the two -year venture of increased. activity in business development and re- vitalization. Councilman Tyrell recommended that the present monthly payment of $1,,50.0 should remain in effect until additional personnel is hired and additional office space: acquired. At the time that these changes are made, the City- Chamber downtown revitalization program will commence. 9, TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None wished to address the City Council. • n93 Council Minutes, August 20, 1985 Page 7 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 of August 6, 1985; and determined that Exxon would be permitted owner par - ticipation rights extended to them by law. The Minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL 10. ACTION ON REQUEST BY CRA: 1 The Planning Commission will be advised of the status of the Exxon property pursuant to the determination made by Agency members that Exxon would be permitted the owner participation rights extended to them by law and negotiations will continue to determine the terms and conditions of the Development and Disposition Agreement which will be entered into. 11. MATTERS FROM. CITY OFFICIALS: A. CALIFORNIA CONTRACT CITIES ASSOCIATION FALL SEMINAR - SAN DIEGO, OCTOBER 18 - 20, 1985 . Councilman Tyrell moved to approve attendance of City Officials wishing to attend the Fall Seminar in San Diego conducted by the California Contract Cities Association October 18 - 20, 1985; and authorize conference expenses as budgeted, seconded by Councilman Atkins and unanimously carried. B, SENIOR CITIZENS BOND ACT FUNDS (PROPOSITION 30) Councilman Atkins moved to support. the County of Los Angeles' application for. the expansion::and improvement of the existing senior center in Arcadia Park, seconded by Councilman Gillanders and unanimously carried. C. PROPOSED IMPROVEMENTS AT TEMPLE CITY HIGH SCHOOL UTILIZING STATE GRANT. FUNDS Councilman Gillanders moved to authorize filing for State Grant Funds in the amount of $110,000 and submitting project resolu- tion. for. the improvement of the northwest corner of Live Oak Park to include relocating maintenance shed and authorize Mayor and City Clerk to sign the agreement, seconded by Councilman Tyrell and unanimously carried. Councilman Atkins moved to authorize staff to engage the ser- vices of Recreation Systems, Inc, for site plans at a cost not to exceed $2,000 for improvements at Temple City High School, seconded by Councilman Tyrell and unanimously carried. D. LEAGUE OF CALIFORNIA CITIES - .VOTING DELEGATE Councilman Atkins moved to. designate Mayor Dennis as the vot- ing delegate and Councilman Swain as the alternate voting dele- gate. representing the City .at:the League of California Cities' Annual. Conference to be held in San. Francisco on October 8, 1985, seconded by. Councilman Tyrell and unanimously carried. E. PURCHASE. OF REAL PROPERTY -.5921 KAUFFMAN Councilman Gillanders moved to. authorize the City Attorney, City Manager or Acting City Manager to negotiate an escrow agreement for the acquisition of real property at 5921 Kauffman which may take place during the interim time between Council meetings, seconded by Councilman Atkins and unanimously carried, 1 n9, Council Minutes, August 20, 1985 - Page 8 12. ADJOURNMENT: At 9:20 Councilman Tyrell moved to adjourn the meeting.. The next meeting of the City Council will be on Tuesday, September 3', 1985 at 7:30 p.m. in the Council Chambers. ATTEST: 1s n91