HomeMy Public PortalAboutCity Council_Minutes_1986-09-02_Regular 19861
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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Councilman Swain requested that item D. be withdrawn from the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.
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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-
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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.
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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..
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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
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MAYOR