HomeMy Public PortalAboutCity Council_Minutes_1981-01-20_Regular 1981INITIATION:
1. CALL TO ORDER:
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CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
JANUARY 20, 1981
Mayor' Atkins called the regular meeting of the City Council to
. order at 7:30 p.m. on Tuesday, January 20, 1981, in the Council
Chamber of the City Hall.
2. INVOCATION:
The invocation was given by Dr.
Church, 9723 Garibaldi Avenue.
3. The Pledge of Allegiance was led by Mayor Atkins.
4. ROLL CALL:
Ed Linberg, Temple City Christian
.Present: Councilmen - Dennis, Gillanders, Merritt, Tyrell, Atkins
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Assistant
City Manager Kimbrough, Parks and Recreation Director
Kobett, and Julie Estrada, Temple City Times
5. CONSENT CALENDAR:
•On motion by Councilman Gillanders, seconded by Councilman Dennis,
Items A through C on the Consent Calendar were approved as recom-
mended
A. APPROVAL OF MINUTES - Regular Meeting of January 6, 1981
Approved as written.
B. RECOMMENDATIONS FROM PLANNING. COMMISSION - Meeting of January 13
(1) CONDITIONAL USE PERMIT CASE NO. 80 -602, TENTATIVE TRACT
NO. 41245 - 9021 Emperor Avenue
Set public hearing February 3, 1981.
(2) PLANNING COMMISSION ACTION
Received and filed.
C. RESOLUTION NO. 81 -1958: WARRANTS AND DEMANDS
Adopted Resolution No. 81 -1958 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF
$150,342.49, DEMAND NOS. 1318 THRU 1395
6. UNFINISHED BUSINESS:
A. ORDINANCE NO. 81 -499: AMENDING SECTION 9460 OF THE TEMPLE CITY
ZONING CODE - ENFORCEMENT
City Attorney Martin advised the Council has spent some time dis-
cussing the proper procedure to enforce various provisions of the
Zoning Code and it was determined Section 9460 should be amended
to place responsibility of enforcement with the City Manager and
City Attorney. He has prepared the appropriate ordinance and
introduced Ordinance No. 81 -499 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY AMENDING SECTION 9460 OF THE TEMPLE CITY
ZONING CODE by title only. Councilman Tyrell moved to waive further
reading and refer to the Planning Commission for their review,
seconded by Councilman Merritt and carried.
Council Minutes, January 20, 1981 - Page 2
B. ORDINANCE RELATING TO PRICING CONSUMER COMMODITIES
City'Manager Koski stated the City Council, at their regular
meeting held January 6, 1981, requested the City Attorney to pre-
pare a draft ordinance requiring item pricing. Staff has also
provided a copy of AB 65 which has been introduced in the State
legislature for Council review. The proposed ordinance does reflect
the content of AB 65 and the existing County Ordinance;
Mayor Atkins stated that Assemblywoman Tanner is a coauthor of AB 65
and her field representative, Bob Ogert, being in the.audience,,.,
asked.;him to.come forward,
Bob Ogert stated Assemblywoman Tanner had voted for the same
legislation the last time it was introduced and it was defeated,
Item pricing is not new; there was legislation requiring item
pricing for a long• period of time., however, it h.ad: a sunset clause
and the bill was not renewed. AB 65 will be. heard.befor.e the.
Consumer Affairs Committee and Mrs. Tanner intends to push hard
for its passage because the legislation affects every household:
In answer to questions from Council, Mr. Ogert stated there was
very strong lobbying against the bill; assuming the Assembly passes •
the bill it could become law January 1, 1982; he does not feel govern-
ment _•is taking over and there .are certain.-rights the consumer should
have; that the large number of senior citizens who live near: markets
do:..not. have the :option of shopping across town:
•
Lee Mueller, Vice President - Store Operations for Ralphs Grocery
Company, in answer to questions from Council, stated that 25% of
all items sold in the grocery store have never been marked acid .the
items as spelled out in the proposed ordinance are about 35% of the
total •,numb.er of items offered; there are .presently 9.6 .stores with
scanning installations; all of which are audited daily to insure'
correct pricing on the shelves; explained how individual store's
scanners are reprogrammed in conjunction with a host processor and
explained Ralphs. Super._ Scanner. Savings Specials.: Mr, .Mueller also
displayed their new shelf tags which will become effective February
1, 1981, and explained their detailed register tape;- stating:the
company's belief the scanner system is highly accurate,
Mrs, Daisy Rollo, 6010 Hart Avenue, stated. Ralphs register tapes
do not provide.brand names;. addressed the question..as-to how many
customers pay in excess of the correct price before a mistake is
brought to the attention of management, and stated also that'regard-
les-s of Ralphs stated claim that when an-error-is found the item
is offered free, the fact is that many people have had to fight with
management to get it, Mrs. Rollo expressed concern that-Many
senior citizens cannot walk to the other markets in town and, there-
fore, cannot express their dissatisfaction with Ralphs:by:shopping
elsewhere.
Bob Pitts, 5312 Degas Avenue, stated he does not .agree with the
proposed. ordinance in principle, but he does understand. the plight
of the senor citizens, and he.proposed.that Ralphs engage. an •
independent consumer group to shop the Temple City store and compare
shelf prices .with the checkout prices for a period. of one year and
that the City Council, at the end of the year,. request a full report
Mary Solow, President, Consumer Federation. of California, stated
the proposed ordinance should be passed to allow each customer to
police their transaction at the point of purchase. The Federation
is not opposed to the technology which has come into the industry;
certainly they benefit greatly because it helps them with their
inventory.. There are still many problems ;• shelf: la.b.els. can easily
be removed or slid tc:a position under the wrong: pr.oduct., :senior.
citizens with poor eyesight and mobility problems : have •a: difficul.t
time in reading shelf pries ... Chec�kers. .,: being.. human; •make; mistakes ,
but computers ar:e.p:r,ogrammed by .humans.:and also Mak&imis..takes and
if an incorrect .code is punched, a mistake could., b.e repeated -over
Council Minutes, January 20, 1981 - Page 3
and over again. Fifty -five cities and 15 counties throughout•
California have adopted ordinances to protect their •citizens and
the Consumer Federation of California asks that you adopt an item
pricing ordinance to protect the consumers of Temple City.
John Martin, 6039 Sultana Avenue, stated he feels people should
have a free market choice and he finds it intolerable for govern -
ment to get into Ralphs affairs. The consumer has the choice to
shop.at another market and Council should trust the entrepreneur.
system.
Judy Stratton, 6005 Loma Avenue, stated in her opinion the only •
one benefiting from the scanner system is Ralphs, certainly not
the consumer,
Councilman Tyrell stated he does not feel it is the function of
government to involve itself in business, and he would support
an ordinance which would penalize the business for their computer
mistakes favoring the penalty being costly enough to keep mistakes
to a minimum. That method would put the responsibility on business
to be accurate. Councilman Tyrell stated his proposal would`
establish a Licensing system.
Councilman Dennis expressed some concerns about regulating business.
lie . felt that Ralphs i.has:= the incentive for . providing correct prices
at the-checkout stand and seeing shelf prices are maintained
accurately through pressure put on them by the consumer. He does
.not feel government should dictate what method markets should use
in running their business and feels the consumer has the choice
of shopping at another market.
Councilman Gillanders stated he personally does not believe' -in
regulation by the government, acknowledging-the fact that-some
regulations are needed for public safety or a` demonstrated public
need, This ordinance addresses a particular need for senior citizens
and handicapped persons, however, he does not feel this is. the
,vehicle necessary and would not support it
Mayor .Atkins stated he- shares. the .- prevailing philosophy about 0
government. Interfering' with free enterprise, however, there ,is a
need and the ordinance requires a minimal amount of government
interference and he would support it.
Councilman Merritt moved to introduce Ordinance No. 81 -500 by
title only and waive further reading, seconded by Mayor Atkins.
The ordinance was not put on first reading by a roll call vote.
ROLL CALL:
AYES: Councilmen - Merritt, Atkins
NOES: Councilmen- Dennis, Gillanders, Tyrell
Mrs..: Rollo expressed her disappointment that Council talked about
interference .by: government, when they were elected to represent
the people of the community, and in her opinion they did not
represent the community in their action.
C. REQUEST FOR RATE INCREASE - SAN GABRIEL VALLEY CAB CO.
City Manager. Koski advised. City Council, at their regular meeting
held January 6, 1981, continued.the request from San Gabriel Valley
Cab Company for-an increase in taxicab fares to January 20, and
requested a representative of the company be present. Staff met
with the President of the Cab Company and discussed the possibility
of relating the rate increase, which was approximately 40 %, to the
Consumer Price Index which had risen 33.1% since the last'tax:i
rate increase in 1978. Mr. Tarp,enian indicated that would only be
possible if he installs electronic taxi meters _
Council Minutes, January 20, 1981 - Page 4
Councilman Dennis expressed sympathy with the request, stating the
items.taken_in,to.account, particularly gas, are.on_the high .end of
the'Consumer Price Index.
Councilman Tyrell stated his cost of gasoline has gone up approximately
five cents ,a mile and he's asking for 20 cents ,increase for 1/5 mile.
Councilman Tyrell moved to deny request for rate increase without
Atkins noting their objection.
prejudice,, seconded by Councilman Gillanders and carried, Councilman
Dennis and Mayor
7. NEW BUSINESS
None.
8. COMMUNICATIONS :.
A. :_ G:a:.L. ,Kaplan :Construction Company• re: Architectural and
,Engineering Services
City Manager Koski, stated.. the City received a letter from G. L.
Kaplan asking to personally address the Council concerning :. pay-
ment for architectural and engineering services.
G:. ;L: Kaplan. referred, Council to his letter dated 'November 19, 1980, .
stating the,Plan .Agreement, referred to is an unlawful,-agreement,-
each party having only one signature on their copy.. City Attorney
advised: Mr. _ Ka.p.lan if he, has an .unlawful agreement , y -the City cannot
pay anything.
Mr. Kaplan referred to the_Noncollusion declaration of bidder which
he signed as a part of his bid, stating he had, called and told the
City;,Manager that architectural and engineering services were ..:
not to be .included in the bid, not knowing that he would be the-
sole bidder of the..project..
Councilman Tyrell requested City Attorney's opinion;.-. City,Attorney
Martin stated that having given his opinion that a charge for
architect and engineering services cannot' be. allowed, ,if City Council
does .allow such charges the members be personally liable..
Mr. Kaplan was told the City Attorney . would meet with him -.to .. :.
discuss the issue.
9. TIME FOR THOSE'IN THE. AUDIENCE WHO WISH -TO SPEAK:
No one came forward.
RECESS TO CRA:
City Councii..recessed at 9 36 p.m.. to..meet as the Community Redevelopment
Agency, all. members : being. present, -and approved the minutes of the regular
meeting held January:6, 1981. The minutes are set forth in full in :the
records of the Agency.
RECONVENNE °AS. :CITY _COUNCIL:
10. ACTION ON REQUEST BY CRA:
There was no action to be taken.
11. MATTERS FROM CITY OFFICIALS:
A. Request Authorization to Purchase Replacement.Pickup Trucks
Councilman Tyrell moved to authorize purchase of two pickup trucks
from the low bidder, El Monte Motor Company; one 1981 6 cyclinder
1/2 ton truck with air at a cost of $8,649.60, and one 1981 6
cylinder 1/2 ton truck without air at a cost of $8,173.00, seconded
by Councilman Dennis and carried.
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Council Minutes, January 20, 1981 - Page 5
B. League of California Cities City Managers' Spring Conference,
Monterey, February 18 -20, 1981.
Councilman Tyrell moved to approve the City Manager's attendance
at League of California Cities City Managers' Spring Conference,
to be held in Monterey, February 18 -20, 1981, and authorize
necessary expenses, seconded by Councilman Merritt and carried.
C.' California Contract Cities Association. Legislative Tour -
Sacramento, January 28 -29, 1981
Councilman Dennis moved to. approve attendance to California
Contract Cities Legislative Tour in Sacramento, January 28 -29, 1981,
by Councilman Gillanders and City Manager Koski, and authorize
necessary expenses, seconded by Councilman Gillanders and carried.
D. Disposal of Decatur Radar Units, Serial Nos. 19514 and 15315
Councilman_Gillanders moved to authorize disposal of two Decatur
radar units, Serial Nos. 19514 and 15315, seconded by Councilman
Tyrell and carried.
E. Councilman Tyrell stated there is a need for an appropriate
ordinance prohibiting occupancy of vehicles between the hours'of
,3 a.m. and 5 a.m., in that there have been some instances of people
'ii'sing vehicles for housekeeping on parking lots; and moved to intro-
duce Ordinance No. 81 -500 AN ORDINANCE OF THE CITY OF TEMPLE CITY
ADDING SECTION 4115 TO THE TEMPLE CITY MUNICIPAL CODE for_fir_.st
reading by title only, seconded by Councilman Gillanders and carried.
F, Councilman Dennis commented on the Botts dots installed on Lower
Azusa'Road to alert eastbound traffic of.the school zone and re
quested the installation also easterly of Arden Avenue for the
purpose.. of alerting westbound traffic, Council concurred and
instructed staff to also install appropriate "school" pavement
markings.
G. 'Councilman. Gillanders advised he had sat on the committee which
recommended some changes in SB 33.
H. Mayor Atkins directed Council's attention to communication from
California Contract Cities Association regarding resolution being-
introduced to call a special election in June, 1981, to decide the
fate of the Peripheral Canal, which would take precedence over the
referendum which would bar construction of the canal schedule for
June, 1982. Council concurred in writing a letter supporting the
resolution to our local assembly members and to Assemblyman John-
son who will introduce the resolution,
12. ADJOURNMENT,
On motion by Councilman Dennis, seconded by Councilman Tyrell,
meeting adjourned at 9.55 p.m, Next regular meeting of the City
Council will be held Tuesday, February 3, 1981, 7:30 p.m. in the
Council Chamber of the City Hall
ATTEST:
Chief Deputy City Gerk