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