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HomeMy Public PortalAboutCity Council_Minutes_1980-08-05_Regular 1980INITIATION: 1. CALL TO ORDER: 1 1 CITY OF TEMPLE CITY CITY COUNCIL MINUTES AUGUST 5, 1980 Mayor Atkins called the regular meeting of the City Council to order at 7:31 p,m. on Tuesday, August 5, 1980, in the Council Chamber of the City Hall. 2. The invocation was given by Pastor Robert Knox, Seventh Day Adventist, 9964 E. Broadway. 3. The Pledge of Allegiance to the Flag was led by Mayor Atkins. 4. ROLL CALL: Present: Councilmen - Dennis, Gillanders, Merritt, Atkins Absent: Councilmen- Tyrell Also Present: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Director of Parks and Recreation Kobett, Julie Estrada, Temple City Times Councilman Gillanders moved to excuse Councilman Tyrell for cause, seconded'by Councilman Merritt and carried. 5. CONSENT CALENDAR: Councilman Dennis requested Item B be removed from the Consent Calendar to be discussed following Agenda Item 6. Councilman Gillanders moved to approved Items A and C through H as recommended, seconded by Councilman Merritt and carried: A. APPROVAL OF MINUTES - Regular Meeting of July 15, 1980 Approved as written. C. RECOMMENDATION FROM P ,RKS & RECREATION COMMISSION - Meeting of July 16, 1980: PROPOSED CHANGES - SCHEDULE OF FEES AND CHARGES Approved proposed changes to the Schedule of Fees and Charges for use of park facilities and the proposed applicants statement, D. RECOMMENDATION FROM PLANNING COMMISSION - Meeting of July 22, 1980 PLANNING COMMISSION ACTION Received and filed a memo relating to action taken by the Planning Commission at their regular meeting held July 22, 1980. E. AUTHORIZATION TO SOLICIT BIDS: PURCHASE OF PLAY APPARATUS - LIVE OAK PARK Authorized staff to solicit bids for the purchase and installation of play apparatus removed to local schools or organizations serving the City. F. BUDGET ADJUSTMENT - TRANSFER OF FUNDS Authorized transfer of $2,340 from Account 4003 to be used to hire temporary help for sign maintenance. Council Minutes, August 5, 1980 - Page 2 G. RESOLUTION NO, 80- 1919: :EMPLOYMENT OF PERSONNEL Adopted Resolution No, 80 -1919 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL H. RESOLUTION NO. 80- 1920: WARRANTS AND DEMANDS Adopted Resolution. No. 80 -1920 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $192,926497, DEMAND NOS. 568 THRU..669. UNFINISHED BUSINESS: 6. CONTINUED PUBLIC HEARING: PROPOSED AMENDMENT TO TEMPLE CITY ZONING CODE SECTIONS 9371.1A and B - RELATING TO NON- RETAIL USES IN C -1 ZONE City Manager Koski presented background information, stating the Planning Commission held public hearing February 26, 1980 . relating to certain non - retail uses in the C -1 Zone; the matter was continued to a study session with the Chamber of Commerce. Correspondence from the Chamber, dated February 28, 1980 indicated they were not in agreement that all the uses discussed at the February 26 meeting be eliminated and in alater letter dated May 7, 1980 request the hearing be continued for 30 -45 days. The issue of consistency in the C- 1:tpne was prompted by a request to establish a real estate office in the C -1 zone which was denied. Planning Commission, at their regular meeting held April 22, 1980, set public hearing May 13, 1980, at which time they adopted a .resolution recommending amendment to the Zoning Code to eliminate Barbers and beauticians, insurance agents and /or brokers, and investment securities and stock brokerage firms from Section 9371.1B; and Carpet and rug sales, retail, instant printing, interior decorating, photograph studios, sign show cards and posters, trading stamp redemption centers, and upholstery fabrics and supplies, retai sales from Section 9371.1A. Planning Commission further certified a Negative Declaration of Environmental Impact. City Council, at their meeting held June 17 continued the matter to a study session. Public hearing held July 1, 1980, was continued to August 5 in order to notify all property owners and tenants in the C -1 zone; notices were sent out July 18, 1980. Mayor Atkins advised the deletions being considered by the City Council are barbers and beauticians, insurance agents and /or brokers, . and investment securities and stock brokerage firms from Section 9371.1B; and signs, show cards and posters and trading stamp rer' demption centers from Section 9371.1A; declared the public hearing open and invited anyone wishing to speak to come forward. Darryl Antrim, Temple City Camera, stated he had walked Las Tunas Drive and found approximately six empty stores. He inquired why travel agencies are not on the list for deletion because he felt the majority of their business is done by phone and questioned the means by which the proposedletions were chosen. Mr. Antrim.also stated he does not agree with the 1,000 sq. ft. limitation for some types of business, feeling that is the reason new business is not attracted to Temple City. ,Bob Langworthy, Data Processing, stated he recognizes the need for 'sales tax revenue and commended the City Council for keeping their promise there would be no property tahowever, he is concerned wit the high vacancy factor in the business district. Mr. Langworthy also claimed property has de- valued in the business district because of the inability to put in businesses; that people's basic freedom- has been taken away. Lucinda Grant, 5434 El Monte Avenue, stated Temple City has about everything a person needs; however, foot traffic will not increase because there are. no conveniences in the business district, such as Council Minutes, August 5, 1980 - Page 3 restrooms, water fountains; benehes, and also the traffic signals are not conducive for shopping both sides of the street. Elmer Black, 9519 Las Tunas Drive, stated the limitation of some businesses in buildings with less than 1,000 sq. ft. limits the buildings productivity, and was generally in opposition to deleting any of the present uses in the C -1, zone. Murray Stone, 9529 Las Tunas Drive, stated if he wanted to move his office he would not be able to locate in the C -1 zone; stated his insurance business brings walk -in traffic into the business com- munity. Bert Anspach, Lieberg's Store, stated what Council is trying to do is to create a shopping mall concept; that he would like to see more retail business as they generate business for each other. The Chamber of Commerce has met and is working on trying to stim- ulate new business in town. John Conover, 9110 Las Tunas Drive, stated he is opposed to the deletion of any uses in the C -1 zone, and particularly is against the 1,000 sq. ft. limitation for some businesses. There being no one else come forward to speak, Councilman Gillanders moved to close the public hearing, seconded by Councilman Merritt and carried. Councilman Dennis stated the Council is not trying to generate sales tax revenue, but to develop a viable retail community which will benefit the business comuuunity by consolidating retail bus- inesses in a localized area. He feels that is a good concept. Coun- cil and Planning Commission have studied this philosophy with the Chamber of Commerce and its a judgmental decision as to whether What the City is trying to accomplish is good for the community. Re feels the attempt to create a centralized retail zone is good. He would be in favor of leaving the zoning ordinance as it is except to require signs, show cards and posters into the less than 1,000 sq. ft. category. Councilman Gillanders stated the Rand Corporation completed a survey 1965 on the shopping habits of people and found, it would generate retail sales in a totally enclosed environment; the Las Tunas Drive C -1 area is obsolete and it cannot be changed into a shopping center by changing the C -1 zone. He is opposed to regulating the business climate by zoning. Councilman Merritt stated it was his impression when this study began that the City was trying to create sales tax revenue; many of the proposed deletions create problems because of their limited parking facilities, and he is in favor of the ordinance recommended by the Planning Commission. Mayor Atkins stated he has supported this type of ordinance since 1974; that it is a basic philosophy of C -1 zoning and encourages merchants to support each other. The under 1,00 0 sq. ft. uses has been discussed for years. Mayor Atkins stated he does not feel strongly enough about the proposed amendments to fight for the change, Councilman Merritt moved to introduce ordinance for first reading as presented. Motion died for lack of second, Councilman Dennis moved to terminate proceedings, seconded by Councilman Gillanders and carried, Councilman Merritt noting his objection. CONSENT CALENDAR ITEM B - RECOMMENDATION FROM PARKING COMMISSION - Meeting of July 9, 1980: RENEWAL OF AGREEMENT TO CROSS OVER PEDES- TRIAN MALL 1A? PARKING DISTRICT y&1 - ZAGER SMITH, 9510 Las Tunas Drive Council Minutes, August 5, 1980 - Page 4 Councilman Dennis stated his concern that the location was being utilized for other than its intended use, in that a warehouse operation may be operating out of that location, Council agreed there may be a problem and the matter should be looked into, Councilman Gillanders moved to approve Parking Commission recom- mendation to renew agreement with Zager Smith for a period to December 1, 1980, seconded by Councilman Dennis and carried. NEW BUSINESS: None. 7. COMMUNICATIONS: City Council received and filed a communication from Falcon Cable TV transmitting July construction report pursuant to franchise agreement. 8. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: John Conover, 9042 Las Tunas Drive, stated he had met on his property with City Manager, Planning Director, Joyce Bailey and Keith LeFever of Southern California Edison, and Mr. Ray Horstman, electrical contractor. Mr. Horstman has presented a cost estimate in the amount of $1,850. Mr. Conover asked Council to reconsider and terminate Underground Utility District No. 4. Frank Davidson, 9109 Las. Tunas Drive, stated he has received bid for $1,100 which includes trenching but not patching, which is double the $500 estimate by Edison Company. Stan Van Amburgh, Temple City Auto, stated he feels the project was ill conceived and objected to the cost for conversion. In answer to question from City Council, City Manager Koski advised the project is important to the overall improvement of the City's business area and is consistent with policy of city -wide under - grounding, including subdivisions and new commercial and industrial development; that City waiver of fees for electrical permit and coordination of property owners meetings to have the work completed cooperatively thereby cutting costs could be of assistance to the property owners... Joyce Bailey, Southern California Edison Company, stated the $500 estimate was intended to represent average cost for a single service and many individuals in this project do have multiple services which would increase the cost. For instance, Mr, Conover has three points of service at his property. In answer to Council's question regarding the $500 estimate given by Edison, City Attorney Martin advised an estimate is intended to be an estimate; that Mr. LeFever's estimate was based on seven years' of experience, Councilman Merritt stated the underground district is a proper project and in his opinion there is no majority protest, and he sees no reason to terminate the project. Councilman Dennis stated Council made a decision to go forth with the district; Edison's estimate was given in good faith. He would not favor terminating proceedings; however, the property owners can get together to have the work required done at a lower cost to each. Councilman Gillanders stated he originally opposed the district; however, the majority Council accepted it and went ahead with Edison on good faith. He would not support any effort to terminate at this point, but an attempt should be made to mitigate costs as much as possible. Council Minutes, August 5, 1980 r, Page 5 • Mayor Atkins stated he would not favor abandoning the project; there will be long range benefit to the property owner. Any coordination by the City with property owners should be provided to bring their costs down. Councilman Gillanders moved to waive the fee for electrical permit, seconded by Councilman Merritt and carried. RECESS TO CRA: ICity Council recessed at 10 p.m. to meet as the Community Redevelopment Agency, all members being present; approved the minutes of the regular meeting held July 15, 1980. The minutes are set forth in full in the records of the Agency. 1 RECONVENE AS CITY COUNCIL: 9. ACTION ON REQUEST BY CRA: 10. MATTERS FROM CITY OFFICIALS: A. Offer of Donation - Temple City Tennis Club Councilman Merritt moved to accept with appreciation the donation of a tennis net for one of the tennis courts at Live Oak Park from Temple City Tennis Club, seconded by Councilman Gillanders and carried. B. Offer of Donation - Madeline Jacobs Councilman Merritt moved to accept with appreciation the donation of $25 from Madeline Jacobs to be used for animal control, seconded by Councilman Gillanders and carried: C. L.A. County Flood Control Proposed Bond Issue City Council received communication that the Board of Supervisors will consider at their next regular meeting placing a $53 million bond issue on the November 4, 1930, ballot for flood control pro- jects, 13 of which will be in the City of Los Angeles, 8 in the County area, and 24 in 19 selected cities. Council instructed staff to prepare a letter opposing the bond issue. D. Councilman Gillanders requested a letter be sent to Assembly members Mountjoy and Tanner opposing the mandatory automobile inspection proposal. E. Councilman Merritt requested a letter be sent to Assemblyman Mountjoy and Assemblywoman Tanner opposing the initiative to regulate handguns. 11. ADJOURNMENT: On motion by Councilman Gillanders, seconded by Councilman Dennis, meeting adjourned at 10:12 p.m. Next regular meeting of the City Council will be held Tuesday, August 19, 1980, 7:30 p.m. in the Council Chamber of the City Hall. MAYOR ATTEST: £4- Ch'ief Deputy City Clerk