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HomeMy Public PortalAboutCity Council_Minutes_1986-09-02_Regular 19861 1 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES SEPTEMBER 2, 1986 INITIATION: 1. CALL TO ORDER: Mayor Atkins called the regular meeting of the City Council to order at 7:30 p.m. on Tuesday, September 2, 1986. 2. The invocation was given by City Manager Koski. 3. The Pledge of Allegiance to the Flag was led by Mayor Atkins. 4. ROLL CALL: Present: Councilmen- Dennis, Froehle, Gillanders, Swain, Atkins Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Associ- ate Planner Saldana, Parks and Recreation Director Kobett,Public Works Coordinator Peterson and a representative of the Temple City Times PRESENTATION: Oscar Valencia, Assistant District Office Manager of the Automobile Club of Southern California, presented a plaque recognizing the City for excellence in pedestrian safety. 5. CONSENT CALENDAR: Councilman Swain requested that item D. be withdrawn from the Consent Calendar for discussion. Councilman Dennis moved to approve the remaining Consent Calendar items as recommended, seconded by Councilman Froehle, and carried with Councilman Gillanders abstaining on item A. A. APPROVAL OF MINUTES - Regular Meeting of August 19, 1986 Approved as written. B. RECOMMENDATIONS FROM PARKS & RECREATION COMMISSION - REGULAR MEETING OF AUGUST 20, 1986 (1) REQUEST FOR USE OF LIVE OAK PARK FACILITIES - TEMPLE CITY AMERICAN LITTLE LEAGUE City Council approved the request of Temple City Ameri- can Little League for use of Live Oak Park for the 1987 season subject to the necessary Certificate of Insurance and adherence to established rules for use of the park. (2) REQUEST FOR USE OF LIVE OAK PARK SHELTER AREA FOR PAN- CAKE BREAKFAST - TEMPLE CITY CAMPFIRE GIRLS Council approved the use of the picnic shelter by the Temple City Campfire Girls on October 26, 1986 from 6:00 a.m. to 1:00 p.m. to conduct a pancake breakfast subject to the required Certificate of Insurance and adherence to established rules for use of the park. 84 Council Minutes, September 2, 1986 - Page 2 C. PLANNING COMMISSION ACTION - MEETING OF AUGUST 26, 1986 Council received and filed the Planning Commission's memo relating to action taken at the Commission's meeting of August 26, 1986. E. PROPOSED IMPROVEMENTS AT LIVE OAK PARK UTILIZING STATE GRANT FUNDS: INSTALLATION OF LIGHTS ON FOUR TENNIS COURTS City Council certified the Negative Declaration of Environ- mental Impact in order to complete the requirements for filing the application for State Grant Funds in the amount of $60,000 for the installation of lights on four tennis courts at Live Oak Park. F. RESOLUTION NO. 86 -2660: EMPLOYMENT OF PERSONNEL Council adopted Resolution No. 86 -2660, a Resolution appoint- ing budgeted personnel. G. RESOLUTION NO. 86 -2661: WARRANTS AND DEMANDS Council adopted Resolution No. 86 -2661, a Resolution approv- ing the payment of bills. D. PROPOSED ORDINANCE AMENDMENT TO THE TEMPLE CITY ZONING CODE PERTAINING TO TEMPORARY BANNERS AND SIGNS Councilman Swain stated that she concurred with the request of the Chamber of Commerce in that one thirty -day permit be approved for a six -month period as most retailers have two sale periods in a year. Councilman Gillanders understood that the thirty days could be divided up as the retailer wished within a one -year pe- riod. As Council was somewhat confused as to the meaning of the proposed Ordinance Amendment, City Manager Koski advised that the Planning Commission would be requested to clarify the ambiguity of the intent. Councilman Gillanders moved to set the proposed Ordinance Amendment for temporary banners and signs for public hearing at the September 16, 1986 meeting, seconded by Councilman Swain and unanimously carried. 6. UNFINISHED BUSINESS: A. CLARIFICATION OF AMBIGUITY TO ALLOW THE SALE OF USED PRODUCTS IN THE C -1 AND C -1 -R ZONE City Manager Koski provided background information stating that the City Council at their August 5 meeting continued the subject matter to this evening in order to allow the Chamber of Commerce to take a position on the issue.The Planning Commission at their July 22 meeting approved, by a vote of 3 to 2, the clarification of ambiguity to allow a retail cloth- ing store selling used, unique and specially - selected cloth- ing and accessories from the 1950's and 1960's. The Commission found that the use, as proposed, was similar and relates well with other 'retail sales businesses located within the C -1 and C -1 -R zones and would not be detrimental to the public health, safety or welfare. The request was initiated by Kenneth G. Gale of the "Hoolahoop" who has re- 1 1 1 Council Minutes, September 2, 1986 - Page 3 quested a business license for the property located at 9651 Las Tunas Drive. The Chamber met on August 21 and determined that, while this specific business may not be a problem, it could not be distinguished from another used merchandise -type store and, therefore, could not support the proposed clarifi- cation of ambiguity to allow the sale of used products in these zones. Councilman Gillanders stated that he felt that if the mer- chandise is unique and specially selected from a particular era that the type of business is spelled out specifically and should not create a problem. It was also his opinion that the business would be compatible to the area and would likely bring people in from outside the community. Councilman Froehle had no objections to the type of business, but did have concern about opening the door to a prolifera- tion of stores selling used items. Kenneth G. Gale, 2312 South Kella Avenue, Whittier, stated that a store such as the "Hoolaloop" takes .a great deal of pride in the type of merchandise sold, selling quality vin- tage items and would, therefore, bring in quality clientele to the City. Councilman Swain inquired if Mr. Gale had investigated any of the available locations in the C -2 zone suggested by the Chamber of Commerce. Mr. Gale responded that he had looked at several other loca- tions, however, none were enough to change his mind about his present location. Councilman Dennis advised Mr. Gale that the City is presently in the process of reviewing the General Plan with residents with a view of proposed changes, and has just recently com- pleted a revitalization study of the downtown business dis- trict. And, for those reasons, Councilman Dennis felt that approval of Mr. Gale's application in the C -1 zone would be premature. Councilman Swain advised that over the years several applica- tions have come into the City for used clothing stores or used furniture and, therefore, it is important that the City at this time not modify the Zoning Code to allow used mer- chandise types of businesses in the C -1 zone. Councilman Gillanders stated that the Councilmen brought up some very good points and agreed that the City may be opening up the door to other businesses wishing to sell used items and these may not be of the quality which the City and resi- dents would desire. Mayor Atkins concurred with the Councilmembers. Councilman Gillanders moved to deny the clarification of ambiguity regarding the sale of used products in the C -1 and C -1 -R zones, seconded by Councilman Swain and unanimously carried. P82 Council Minutes, September 2, 1986 - Page 4 B. CONTINUED PUBLIC HEARING: PROPOSED ORDINANCE AMENDMENT TO THE TEMPLE CITY ZONING CODE ADDING A REQUIRED FINDING FOR CONDITIONAL USE PERMIT City Manager Koski provided background information stating that the City Council at their meeting of August 5, 1986 continued the public hearing with respect to a proposed amendment to the Temple City Zoning Code adding a required finding for Conditional Use Permits requesting additional information pertaining to the Garden Grove Case. City Attor- ney Martin has provided Council with information concerning the Garden Grove case. The Planning Commission has recom- mended adding another fact or finding to be determined for CUP's as follows: that a reasonable degree of physical, functional and visual compatibility between the proposed project and neighboring uses and desirable area character- istics is assured. It was the Planning Commission's opinion that this additional criterion would result in projects which are designed compatible with the neighbor hood and, as a result, improve the quality and aesthetics in the community. Staff does have concern with the new finding in that it requires subjective decisions on the part of staff, Commis- sion, Council and citizens who may have different opinions relative to a specific project. The most difficult aspect of considering criteria of a subjective nature is consistency. A Negative Declaration of Environmental Impact has been filed. City Attorney Martin reviewed the findings of the Garden Grove case wherein the Court ruled Sections A through D were valid, but did not rule on Section E, which was subjective. Gordon Fisher, 5722 Kauffman Avenue, stated that he was defi- nitely in favor of the proposed amendment, but felt it could be worded in such a way that it would be legal and binding. As no one else wished to speak, Councilman Gillanders, moved to close the public hearing, seconded by Councilman Froehle, and unanimously carried. Councilman Dennis stated that his first impression was that the amendment would provide another tool to assure some degree of compatibility; however, he was uncomfortable with the responsibility of making a subjective decision as to what would be considered compatible. Planning and Council deci- sions need to be based on facts. Councilman Swain said that the proposed amendment would provide another tool for the Planning Department to work with and would be in favor of adding it to the City's Zoning Code. Councilman Froehle stated that he liked what the proposed amendment proposes to do, but would not like to see the City involved in litigation because of subjective decision-mak- ing. Councilman Gillanders was uncomfortable with the fact that the Court did not address the subjective finding of the Garden Grove case, and would not be in favor of fighting in Court on that finding in the future. The City's insurance coverage excludes punitive damages and, therefore, there would be no insurance coverage to protect the public coffers from punitive damages awards.. 1 Council Minutes, September 2, 1986 - Page 5 Mayor Atkins said that he believes that finding No. (3) which states: "That the proposed use will not have an adverse effect upon the use, enjoyment or valuation of adjacent property or upon the public welfare." says basically what proposed finding No. (4) says and there is no need to add it to the City's Zoning Code, especially since there is a good probability of creating a problem some time in the future. Councilman Gillanders moved to deny the proposed amendment adding a required finding for Conditional Use Permits, sec- onded by Councilman Froehle and carried on a roll call vote: ROLL CALL: AYES: NOES: 7. NEW BUSINESS: Councilmen - Dennis, Froehle, Gillanders, Atkins Councilmen -Swain A. PUBLIC HEARING: PROPOSED ORDINANCE AMENDMENT TO THE TEMPLE CITY ZONING CODE TO ALLOW THE RETAIL SALES OF TROPHIES AND AWARDS IN THE C -1 AND C -1 -R ZONES City Manager Koski advised that the Planning Commission has recommended that City Council approve an Ordinance Amendment to the Temple City Zoning Code to allow the retail sales of trophies and awards in the C -1 and C -1 -R zones. The City's Zoning Code does not specifically list the retail sale of trophies and plaques as permitted uses in any zone. The retail sale of trophies and plaques is similar to and no more obnoxious than other uses in the C -1 -R zone, nor more detri- mental to the public health, safety and welfare. A Negative Declaration of Environment Impact has been filed. Mayor Atkins declared the public hearing open and invited anyone wishing to address the matter to come forward. As no one wished to address Council, Councilman Gillanders moved to close the public hearing, seconded by Councilman Swain and unanimously carried. Councilman Gillanders moved to certify the Negative Declara- tion of Environmental Impact, seconded by Councilman Froehle and unanimously carried. City Attorney Martin introduced Ordinance No. 86 -591, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE TO ALLOW THE RETAIL SALES OF TROPHIES AND AWARDS IN THE C -1 AND C -1 -R ZONES, for first reading by title only. • Councilman Dennis moved to waive further reading, seconded by Councilman Gillanders, and unanimously carried. I 8. COMMUNICATIONS: None 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Charlene Fisher, 5722 Kauffman Avenue, suggested to Council the use of the word "antique" as a description of the items proposed to be sold at the "Hoolahoop" in order to allow Mr. Gale to open his business at the present location. Council Minutes, September 2, 1986 - Page 6 Councilman Swain advised Mrs. Fisher that antique stores are not a permitted use in the C -1 or C -1 -R zones, but are allowed in the C -2. RECESS TO CRA: At this time Council recessed to meet as the Temple City Commu- nity Redevelopment Agency; approved the Minutes of the regular meeting of August 19, 1986; and adopted Resolution CRA 281: Warrants and Demands. 10. ACTION ON REQUEST BY CRA: None 11. MATTERS FROM CITY OFFICIALS: A. LEAGUE OF CALIFORNIA CITIES CONFERENCE - LOS ANGELES, OCTOBER 19 -22, 1986: DESIGNATE VOTING DELEGATE Councilman Swain moved to designate Councilman Froehle as the City's voting delegate and City Manager Koski as the alter - nate,seconded by Councilman Gillanders and unanimously car- ried. B. CONTRACT CITIES' FALL SEMINAR, SAN DIEGO, OCTOBER 31 - NOVEM- BER 1, 1986 Councilman Swain moved to approve attendance of Council - members and City Manager and authorize necessary expendi- tures, seconded by Councilman Froehle and unanimously carried. C. REPORT ON CDBG FUNDS City Manager Koski advised Council that the report requested by Councilman Dennis regarding the expenditure of CDBG funds was available this evening for Council's perusal. 12. ADJOURNMENT: On motion by Councilman Swain, seconded by Councilman Froehle, the meeting of the City Council adjourned at 8:45 p.m. Next meeting of the City Council will be held on Tuesday, September 16, 1986. ATTEST: Chief Deputy City C.erk • MAYOR