Loading...
HomeMy Public PortalAboutCity Council_Minutes_1981-01-20_Regular 1981INITIATION: 1. CALL TO ORDER: 1 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. 1 1 1 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