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HomeMy Public PortalAboutCity Council_Minutes_1981-09-01_Regular 1981CITY OF TEMPLE CITY CITY COUNCIL MINUTES SEPTEMBER 1, 1981 INITIATION: f CALL TO ORDER: Mayor Merritt called the regular meeting of the City Council to order at 7:31 p.m. on Tuesday, September 1, 1981, in the Council Chamber of the City Hall. 2. The invocation was given by Monsignor John Birch, St. Luke's Catholic Church, 9451 E. Broadway. 3. The Pledge of Allegiance to the Flag was led by Mayor Merritt. Mayor Merritt expressed sorrow on the death of Judge Don D. Bercu, stating it will be a great loss to the Alhambra Municipal Court. 4. ROLL CALL.: Present: Councilmen- Atkins, Dennis, Gillanders, Tyrell, Merritt Absent: Councilmen -None Also Present City Manager Koski, City Attorney Martin, Planning Director Shaw, Parks and Recreation Director (obett 5. CONSENT CALENDAR: On motion by Councilman Atkins, seconded by Councilman Gillanders, . Items A through E on the Consent Calendar were approved as recommended. 1 A. APPROVAL OF MINUTES: Regular Meeting of August 18, 1981 Approved as written. B. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION - Meeting of August 19, 1981 (1) REQUEST FOR USE OF LIVE OAK PARK FOR PANCAKE BREAKFAST - TEMPLE CITY CAMPFIRE GIRLS Approved request for use of the Picnic Shelter at Live Oak Park on Sunday, October 25, 1981, from 6 a.m. to 12 noon to conduct a Pancake Breakfast. (2) REQUEST FOR RESERVED USE OF TENNIS COURTS - TEMPLE CITY TENNIS CLUB Approved extension of. the __Tennis Club reserved use of four tennis courts at Live Oak Park on Sundays from 7 to 11 a.m. from January 1 through December 31, 1982, and specific dates for two tournaments during 1982. (3) SCHEMATIC DESIGN STUDY FOR LIVE OAK PARK Approved retaining Recreation Systems, Inc. to provide-pro- fessionai services for the schematic design study of Live Oak Park in the amount of $3,:650. RECOMMENDATIONS FROM PLANNING COMMISSION - Meeting of August 25, 1981 (1) PROPOSED.AMENDMENT.TO TEMPLE CITY ZONING CODE RELATING TO • REGULATIONS AND/OR PROHIBITION-OF BILLBOARDS IN THE INDUSTRIAL ZONE Initiated an amendment to the Zoning Code and set .public hearing September 15, 1981.. Council Minutes, September 1, 1981 - Page 2 (2) PLANNING COMMISSION - ACTION Received and filed memo, relating to action taken by the Planning Commission, at their regular meeting held August 25, 1981. D. RESOLUTION NO. 81-2014,.. EMPLOYMENT OF PERSONNEL Adopted 'Resolution .No. 81- 2014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. E. RESOLUTION. NO.,81 -2016: WARRANTS AND DEMANDS Adopted Resolution No 812016-A; RESOLUTION OF THE CITY. COUNCIL' OF THE -CITY OF TEMPLE. CITY.ALLOWING :CLAIMS.AND DEMANDS IN THE SUM OF $172,776.43, DEMAND, NOS. 2478 THRU 2547. 6. UNFINISHED - BUSINESS : A. CONTINUED PUBLIC: HEARING :_ ORDINANCE ._N0 <. -81 -506, 2nd read. QUIMBY ACT - PARKS DEVELOPMENT /ACQUISITION FEE City Manager Koski presented background information, stating the Planning: Commission, in support of the Parks and Recreation Com- mission, recommended to City Council, the enactment of an ordinance establishing a park acquisition and development fee of $300 on each new dwelling unit constructed in the .City.. City Council, at their regular meeting of August 4, 1981, continued the public hearing and second reading of the 'ordinance 'of September 1, 1981, for an environmental assessment and negative declaration. Following completion of an. Initial Study. of. Environmental Impact, staff determined a Negative - Declaration was required and notice to that effect was published. Mayor Merritt reopened the:pub:iic hearing and invited anyone wishing to speak to come forward.. There being no one come forward to speak, Councilman Atkins moved :to_close the public hearing, seconded by Councilman Gillanders and carried. Councilman Atkins moved to approve :the ::Negative Declaration. of Environmental Impact, seconded by Councilman Dennis and carried. Councilman.Tyrell.stated he does not feel this is a proper funding source and that it could not be too beneficial since there are few construction sites in the City. Councilman Dennis stated that in the past he has been opposed to assessment of fees, however times have changed and he feels that in the future user fees will be required to support various community efforts. He doesn't see any avenue open for allocating funds for parks improvements in the future. Councilman Gillanders stated he feels individuals moving into newly constructed homes will use the existing facilities and he doesn't think they should have a free ride, rather they should be paying their share. Mayor: Merritt stated, that although there is little space for new development, over a period of time the $300 fee could generate sufficient funds for park improvements. City Attorney Martin presented Ordinance Noo. 81 -506 AN ORDINANCE OF THE CITY 'COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE BY ADDING TO ARTICLE IX A NEW. CHAPTER 3 PROVIDING FOR _PARK DEVELOPMENT FEES IN CONNECTION WITH NEW CONSTRUCTION for seconded reading°by tithe only. Councilman Atkins moved to waive further reading and adopt, seconded by Councilman Gillanders and carried on a roll call vote: ROLL CALL: AYES: Councilmen - Atkins, Dennis, Gillanders, Merritt NOES: Councilmen- Tyrell Council Minutes, September 1, 1981 - Page 3 1 1 Be PUBLIC HEARING: ZONE VARIANCE CASE 81 -634 - 9661 LAS TUNAS DRIVE City Manager Koski presented: background information, stating the Planning,Commission, at their regular meeting of August 11, 1981, held public hearing. on. request for variance to divide an existing buildingyin the C -1 zone into spaces of 1,000'sq. ft. to accom- modate a travel bureau which is allowed in the C -1 zone only in buildingof.1,000 sge_ft..or. less. Following public hearing, at which time the Commission.receiveda = petition.with 124 signatures supporting.the request for variance Planning. Commission voted 2:2 with one abstention to .approve. The-Commission then appealed the matter to the City Council for public hearing. City Council, at their regular meeting of August 18, 1981, set public hearing September 1, 1981. Mayor Merritt declared the public hearing open and invited anyone wishing to speak to the issue to come forward. Patrick Hegarty, 635 W. Foothill Blvd., Monrovia, attorney for the applicants, stated the present use .of. the building is a retail plant shop with the upstairs and back portion being utilized as a residence. The applicants intend to install an interior wall at the natural division and utilize the front 1,000 sq. ft. area as a travel agency and the remaining_ portion for retail use. Based on a survey, fewer than 50% of the buildings in the block are being,utilized as retail business and the 1971 ordinance is no longer appropriate. Mr. Hegarty continued with the .fact that in 1979 City Council permitted another travel • agency to be "grandfathered' in the C -1,. zone. To deny the applicant their request, would in his opinion, . bean unreasonable act of the Council. The Planning Commission stated, in effect, the building could be divided for two retail uses that are permitted and shouid one of those uses be vacated, then the travel agency would move in. This would-be a roundabout approach and the applicants would prefer to do it legitimately,. C. Ray Johnston, 5324 Zadell Avenue, stated his support for the variance requested. Ervina Graham, 9128 Hermosa, stated the commercial building being owned by a- Temple City resident is an advantage. Joan Peterson, employee of Pat Kelly Agency, .. stated the agency pro - vides jobs for high•;school. students and by the agency moving, it would free the present location for a retail shop. There being no one else come forward, Councilman Atkins moved to close the public hearing, seconded by Councilman Gillanders and. carried. Councilman Atkins stated he feels the C -1 ordinance should be maintained as it is. He pointed out the City of Sierra Madre which did not have a C= 1ordinance to protect the downtown business area and now it has been .almost entirely converted to offices. He opposed a zone variance and the.:splitting;up of the building, in his opinion, would cause continual problems. He would not be opposed to the applicants using the building as a travel service and modifying the C -1 ordinance to make it a permitted use. Councilman Gillanders-stated when the ordinance was adopted in 1971 there was a 50 -50 mixed use, service and .retail. Since then there is a 6% vacancy factor and still the 50% mixed use, and he does not feel the ordinance is defensible. He stated he would not object to seeing another travel agency _in the C -1 zone and that he personally feels the ordinance should- be•.changed to allow non - retail uses in buildings over 1,000 sq. ft. Council Minutes, September 1, 1981 Page 4 Councilman Dennis stated the•C -1 ordinance was created to generate foot traffic for retail business -and.. maintaining a high concentra- tion of retail businesses sin .the -CBD is still a viable alternative. What the Council needs -to take a. look at.is_ permitted uses in the C -1 zone. . He felt the subject::. property is unique enough that he would not hesitate to grant-a:variance Councilman °Tyrell inquired of the City Attorney whether the appli- cant can be granted- permission to use -a, building in excess of 1,000 sq. ft. for -a travel agency for a.period of time until a change can be made -in the Zoning Code. City Attorney Martin advised the problem is unique and an ordinance could .. stand on its own, or a motion could be made to initiate a change in the Zoning Code and-sent to the Planning Commission for a report while approving the use in the interim in order to accommodate the applicant's request. Mayor Merritt stated the C -1 zone is still appropriate and this city survives on the sales.tax generated in the Central Business District's C -1. zone.. He strongly believes in the C -1 zone, but would not oppose the travel bureau using the building in excess of 1,000 sq. ft., nor .to. modifying the ordinance to make travel bureaus a permitted use. Councilman Tyrell moved to approve the travel agency to operate in a building in excess: of 1,000 sq. ft.; and to introduce an ordinance deleting the 1,000 sq. ft.; and to introduce an ordinance deleting the 1,000 sq. -ft. requirement for travel agencies and set public hearing September 15, 1981, and refer to the Planning Commission for a report seconded by Councilman Gillanders and carried. City Attorney Martin introduced Ordinance No. 81 -509 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE PRO - VISIONS OF THE C -1 ZONE WITH REGARD. TO PERMITTED USES for first reading by title only. Councilman Tyrell moved to waive further reading, .seconded by Councilman Gillanders and carried. 7 NEW BUSINESS: None. 8. COMMUNICATIONS: None TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward. RECESS TO CRA: Council.. recessed at 8 : 2 8 p .m, to . meet as the Community Redevelopment Agency, all members being pr.esen,t:;:. approved the minutes of the regular meeting held August 18, 1981;:. approved a_ request for sign in the Pontrelli Plaza; and approved a driveway On. the west side of Argos Restaurant. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: There was no action to be taken. 11, MATTERS FROM CITY OFFICIALS: A. On motion. by Councilman Gillanders, seconded by Councilman Atkins, additional leave of absence was approved for Nadean Tubbs. Council Minutes, September 1, 1981 - Page 5 1L ADJOURNMENT On motion by Councilman Tyrell, seconded by Councilman Atkins, meeting adjourned at 8:32 p.m. Next regular meeting of the City Council will be held Tuesday, September 15, 1981, at 7:30 p.m.. in the Council Chamber of the City Hall. MAYOR ATTEST: Chief Deputy City Clerk 1