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HomeMy Public PortalAboutCity Council_Minutes_1965-05-27_Regular 1965ADJOURNED MEETING C I T V C O U N C I L TEMPLE CITY CALIFORNIA MAY 27, 1565 Mayor Harker announced: "The hour of 7 :30 o'clock P. M. hav- inc! arrived, this is the time and place fixed for the hearing on the report filed in connection with proposed Vehicle Parking District No. 4. It is also the time and place fixed for the hearing on the forma- tion of said district as proposed by the Ordinance of intention No. 65-149." ROLL CALL: Present: Councilmen- Merritt, Nunamaker, Tyrell, Harker Absent: Councilman - Dickason Also Present: City Manager !nloollett, Engineer Wm. Krelle, Atty. Kramer of O'Melveny & Myers. The City Clerk presented four affidavits to the Council show- ing publication, posting and mailing of the ordinance of intention and mailing notice of hearing on the report. Atty. Kramer advised this proceeding was initiated last Octo., ber by filing a petition with the City Council under Vehicle Parking ' District Law of 1943, and requesting formation of a Vehicle Parking District and acquisition of certain lands for parking lots and certain improvements thereon. Following filing of the petition the City Coun- cil adopted an ordinance of intention to form the district, and follow- ing the 1943 Act set a hearing for tonight. This type of proceeding is also subject to a debt limit Act of 1931. The Council also ordered the assessment engineer to prepare a debt limit report which sets forth the proposed project and the tentative assessment spread based on the engineer's estimates. This is a combined hearing in accordance with the 1931 and 1943 Acts. The sole question.is whether or not all lands included within the district and subject to assessment will be benefit- ed by the proposed project. Atty. Kramer requested the City Clerk to swear in the Assessment Engineer. Assessment Engineer Krelle was sworn in by City Clerk Woollet City Engineer Krelle advised he was employed by the City to prepare the report which he summarized as follows: the district covers properties fronting on Las Tunas Dr. on the north side between Camellia and Kauffman Avenues. The parking lot concerned is 50 ft. by 175 ft. on the westerly side of Kauffman just northerly of the alley north of Las Tunas Dr.,The total estimated cost of acquisition of the land would be $37,750. and the estimated improvement cost would be $3000., and the total incidental costs in connection with acquisition and improvement was estimated at $6000., making a total cost of $51,750. There are no outstanding or unpaid assessments at this time. The amount to be paid by the City was estimated to be $10,000. The estimated amount of assessment on the parcels within the district is $41,750. Bonds will be issued for 6 19 year period with a maximum interest rate of 6% per annum. Atty. Kramer asked Engineer Krelle if in his opinion all lands within the district and subject to assessment will be benefited by the proposed project. Engineer Krelle stated in his opinion they would. Atty. Kramer asked the City Clerk to read any written protests that have been Fiied. The City Clerk advised no written protests had been filed. City Clerk Woollett explained the statement of the Engineer that the. City would pay $10,000. This amount is to be paid to the City by the American Saving &Loan Assn, as a condition of a variance granter them when constructing their new building which did not meet parking requirements. They also will be assessed as one of the properties with in the district For their share of the costs. Mayor Harker then asked if anyone present wished to make an oral protest. 751 Council Minutes, May 27, 1965, page 2 Howard L. Borden, 5406 N. Mapletree, Arcadia, spoke in behalf of Mrs. Borden who owns the property at .9665 E. Las Tunas Dr., protest- ing the formation of the district, the high cost of the improvement and acquisition as estimated, and also felt the parking facility was not needed in this area Gertrude Mailory, stated she was the owner of the property proposed to be acquired for Parking District No. 4 and that she had received no information regarding this acquisition and had invested con- siderable money in improvements on the property. The City Manager ad- vised her until this hearing is completed and the City Council takes the legal steps to form this district, the City or no one else is in a position to talk about purchasing any property. He stated it would be unfair to talk to her before the formation of the district was de- termined. Mayor Harker asked if anyone else wished to protest the forma- tion of this district and no one came forward to speak. Mayor Harker then asked if anyone wished to speak in favor of the proceeding or comment upon it in any other way. No one came forward to speak. Attorney Kramer asked the Assessment Engineer to comment on the objections raised by Mrs. Borden. Engineer Krelle stated the law requires the assessment be based on the benefit to the land. The rease: for this is what the property owner does in line of buildings is his own business. Also this could change overnight and another building could be built. It has been stated only two stores have rear entrances There is nothing to stop the other stores from having a rear entrance. He stated in his opinion all property owners receive the same benefit and each property is paying the same rate of assessment. Regarding the interest rate he explained that the 6% was stated as a maximum in- terest rate and the bonds could be sold for a lesser rate as for exampl in Parking District No. 2 they were sold at an interest rate of 4.14 %. Councilman Nunamaker explained the formation of the district was to improve the Temple City business district and the Business and industrial Committee of the Chamber of Commerce was working now to have the stores re -do the backs of their lot and stores. This will be a mall type parking lot with the alleys done away with, utility poles removed, sidewalks installed adjacent to lot lines on the south and the property owners will be allowed to build on the entire area of their lots insteaa of being required to furnish parking areas. The City Manager further advised the lot will be lighted, landscaped, and a sprinkler system installed. The basic reason of the mall and sidewalks was to increase the number of parking spaces from 44 to 60 and also to encourage the owners of the buildings as well as the merchants to improve the back of their stores. Howard L. Borden asked if there was any way these could be self supporting, such as renting space or parking meters. Also it is not only going to improve the property but the taxes will go up 3 or 4 times. He also commented on the vacancies on Las Tunas Dr. Councilman Nunamaker stated the 26% vacancy factor had dropped to 4% now because of what is being done. He also stated under the law they can lease space but the money has to go to the district to buy more parking. Mr. Borden protested the formation of the district as costing too much. Attorney Kramer asked Engineer Krelle about Lot 133, the Bor- den property, if it was still his opinion that this particular property under the highest and best use would be benefited by the proposed pro- ject and what the benefits to the property in general were. Engineer Krelle stated that it would be benefited and that additional parking will increase the value of all property in the district and will benefit anyone in the area, He reported there were no written protests filed. Councilman Tyrell mev,ed that the City Council determines that written protest or objection to the doing of the things proposed to be done as set forth in Ordinance of Intention No, 65 -149 has not been made by the owners of more than one-half of the area of the land included within the proposed Vehicle Parking District No. 4 of this 752 1 1 1 Council Minutes, May 27, 1965, page 3 city and subject to assessment, and that there is no majority protest within the meaning of Sections 2930 and 2931 of the Streets and High- ways Code, and that all protests and objections, both written and oral, made or filed in the matter of Vehicle Parking District No. 4 be and the same are hereby overruled and denied, Councilman Nunamaker second- ed, and the motion was carried by the following roll call vote: AYES: Councilmen- Merritt, Nunamaker, Tyrell, Harker NOES: Councilmen -None ABSENT: Councilman - Dickason Councilman Tyrell moved to adopt Resolution No. 65 -479 titled RESOLUTION OF .THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A VEHICLE PARKING DISTRICT AND REQUIRE THE ACQUISITION AND IMPROVEMENT SUBSTANTIALLY AS SET FORTH IN THE REPORT ON FILE AND DETERMINING THE PROJECT FEASIBLE (VEHICLE PARKING DISTRICT NO. 4j, Councilman Nunamaker seconded, and the motion carried by the following roll call vote: AYES: Councilmen- Merritt, Nunamaker, Tyrell, Harker NOES: Councilmen -None ABSENT: Councilman - Dickason Councilman Tyrell moved to introduce and waive further read- ing of Ordinance No. 65 -161 titled AN ORDINANCE OF THE CITY OF TEMPLE CITY, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE, AND ORDERING, THE ACQUISITION AND IMPROVEMENT FOR VEHICLE PARKING DISTRICT NO. 4, OF SAID CITY AND ESTABLISHING THE BOUN- DARIES OF SAID DISTRICT, Councilman Nunamaker seconded, and the motion carried by the following roll call vote: AYES: Councilmen- Merritt, Nunamaker, Tyrell, Harker NOES: Councilmen -None ABSENT: Councilman - Dickason Councilman Tyrell moved to adjourn, Councilman Nunamaker se- conded, and the motion was unanimously carried. Council adjourned at 8 :20 P. M. to the regular meeting of the City Council on June 1, 1965, at 7 :30 P.M. in the Council Chambers of the City Hall, 5938 N. Kauffman Avenue, Temple City. ATTEST: Mayor 753