Loading...
HomeMy Public PortalAboutCity Council_Minutes_1983-01-04_Regular 1983CITY OF TEMPLE CITY CITY COUNCIL MINUTES JANUARY 4, 1983 INITIATION: 1. CALL TO ORDER: Mayor Tyrell called the regular meeting of the City Council to order at 7:31 p.m. on Tuesday, January 4, 1983, in the Council Chamber of the City Hall. 2. The invocation was given by Reverend Norlyn Brough, Church of the Nazarene, 9953 Las Tunas Drive. 3. The Pledge of Allegiance to the Flag was led by Mayor Tyrell. 4. ROLL CALL: Present: Councilmen- Atkins, Dennis, Gillanders, Swain, Tyrell Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Assistant City Manager Kimbrough, Planning Director Shaw, Parks and Recreation Commission Director Kobett, and Julie Estrada, Temple City Times At this time, Virgil Graf, Pacific Telephone representative to Temple City, present a plaque of the January 1983 edition of the telephone directory which honors Temple City with a Camellia. The story of the Camellia Festival co- sponsored by Temple City and the Chamber of Commerce is told on the inside back cover of the directory. The plaque was accepted on behalf of the City Council and residents of the Community by Mayor Tyrell. 1' 1 CONSENT CALENDAR: Councilman Atkins moved to approved Items A through N on the Consent Calendar as recommended, seconded by Councilman Swain and carried. A. APPROVAL OF MINUTES - Regular Meeting of December 7, 1982 Approved as written. B. PLANNING COMMISSION ACTION: Meeting of December 14, 1982 Received and filed memo relating to action taken by the Planning Commission at their regular meeting held December 14, 1982. C. APPEAL FROM PLANNING COMMISSION DENIAL OF ZONE VARIANCE 82 -669, 8760 BURGHARDT ROAD Set public hearing January 18, 1983, on the appeal of Planning Commission denial for zone variance to allow c=reation of three R -1 lots with sub - standard lot areas and substandard lot widths. D. AUTHORITY TO APPLY FOR STATE GRANT FUNDS: URBAN OPEN SPACE AND RECREATION PROGRAM Approved use of Urban Open Space and Recreation Program Grant funds for the improvement of building facilities at Live Oak Park, authorized staff to file an application for funds in the amount of $3,464.00, and adopted Resolution No. 82 -2124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM FOR IMPROVEMENTS AT LIVE OAK PARK. E. STREET LIGHTING CONVERSION: PHASE III, CAMELLIA, KAUFFMAN AVENUE PORTIONS OF LAS TUNAS DRIVE - Approval of Plans and Specifications Approved specifications, approved calendar of events, and authorized staff to advertise for bids. Council Minutes, January 4, 1983 - Page 2 F. BUS BENCHES: APPROVAL OF SPECIFICATIONS Approved calendar of events;' approved plans and specifications; and authorized staff to advertise for bids. G. SET PUBLIC HEARING: ASSESSMENT FOR STREET IMPROVEMENTS - CAMINO REAL OAK AVENUE EASTERLY 366 FEET (Curb, 'gutter and driveway approaches, Pursuant to Chapter 27, Streets and Highways Code) Received Superintendent of Streets report on completion and costs of construction and set public hearing January 18, 1983 to approve assessments. 1 H. SET PUBLIC HEARING: STREET LIGHTING IMPROVEMENTS - ROCCUS LANE, 8600 BLOCK (Pursuant to Chapter 27, Streets and Highways Code) Accepted petition requesting installation of two street lights and adopted Resolution No. 83 -2127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DECLARING ITS INTENTION TO CAUSE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF SECTION 5870, ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, setting public hearing February 1, 1983. I. ACCEPTANCE OF WORK: CURB ADDRESS PROJECT, OLYMPIA SALES COMPANY Accepted the work performed pursuant to contract;. authorized payment in the amount of $1,525.38; authorized filing Notice of Completion and release of 10% retention at the end of the 35 -day lien period. J. REQUEST FOR FACILITIES FOR 38TH ANNUAL CAMELLIA FESTIVAL Approved the use of facilities related to the 38th Annual Camellia Festival as set forth in their request dated December 15, 1982, subject to all necessary permit and the required certificate of insurance. K. CALIFORNIA CONTRACT CITIES LEGISLATIVE CONFERENCE - Sacramento January 18 -20, 1983 Authorized attendance to the Legislative Orientation Tour in Sacramento by City Manager and any member of City Council wishing to attend. L. CLAIM FOR DAMAGES: 1) Robert Smith, 6050 Agnes Avenue 2) Robert Stevenson, 9246 Wedgewood Avenue Received two claims for damages alleged to have occurred because of a wind storm; denied both claims and referred to JPIA. M. RESOLUTION NO. 83 -2125: EMPLOYMENT OF PERSONNEL Adopted Resolution No. 83 -2125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING: PERSONNEL. N. RESOLUTION NO. 83 -2126: WARRANTS AND DEMANDS Adopted Resolution No. 83 -2126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $300,990.19, DEMAND NOS. 4988 THRU 5114. 6 UNFINISHED BUSINESS: A. PUBLIC HEARING: 7:30 p.m. ANNEXATION 82 -1 City Manager Koski presented background information, stating the area designated as Annexation 82 -1 is bounded on the north by Camino Real Avenue and on the south by Lemon Avenue, including all residences fronting on Temple City Boulevard and Ancourt Street. The unincor- porated island has 5.7 acres and a population of 115. Currently, there are 60 registered voters and 44 dwelling units. A petition requesting annexation to the City was circulated by Mrs. Baham and submitted to Local Agency Formation Commission and approved November 10, 1982. Council Minutes, January 4, 1983 - Page 3 Resolutions of tax exchange were approved by Council and the County Board of Supervisors. City Council set public> hearing on the pro- posed annexation for January 4, 1983. A petition opposing the annexation has been submitted this evening with 43 signatures. Mayor Tyrell declared the public hearing open and invited anyone wishing to speak in favor of the annexation to come forward. Mrs. Joanne Baham, 6600 Temple City Boulevard, stated when annexation of a larger area was brought up in 1980, many people expressed their favor of being annexed to Temple City. Following its defeat, several residents in a somewhat smaller area were found to be still in favor of annexing to Temple City, primarily because of their involve- ment in the schools and community. Mr. Baham stated she circulated the petition for annexation on that basis. OPPOSED Mrs. Mildred Eliston, 6560 Temple City Boulevard, stated she circulated the petition in opposition to the annexation which was submitted this evening and there are two residents who have signed that petition who had originally signed the petition for annexation. In answer to questions from Council, Mrs. Eliston stated her reason for opposing the annexation is to protect property values; that she has no assurance from the City or the post office her mailing address will remain Arcadia. Mrs. Eliston stated that of the 43 signatures on the petition she circulated, she believes 34 represent registered voters. Mary Moberly, 6650 Temple City Boulevard, stated that at this time she does not know whether she wants to annex to Temple City or not, but did express her concern that state law permits tenants to have more say about her property than she does. She wanted to know what would happen to her mailing address, whether there would be a change in the water supply. Council advised Mrs. Moberly other areas that have been annexed have had no change in mailing address, that there would be no change in the water system, it being a private company. Stephen Berkey, 6502 Temple City Boulevard, asked about the qualification of signatures on the petition submitted this evening and if not sufficient what recourse the residents have. Council advised if signatures represent 25 to 49% of the registered • voters, then the matter would go to election of the registered voters in the area. If signatures represent 50% or more of the registered voters or property owners of the area, then the matter is automatically terminated. Ed Jenkins stated that in his opinion, the attitude of some members of the Council are the reason people don't want to belong to Temple City, citing the fact that the Mayor of Arcadia listens attentively while Mayor Tyrell sits and doodles. The Mayor explained to Mr. Jenkins that his "doodling" was listing the names and addresses of the speakers and notes of their comments. Nahib Tanagho, 6536 Temple City Boulevard, stated he has not heard anything to indicate the residents would gain anything from annexing to Temple City. Dorothy Cameron, 9650 Ancourt Street, stated she is in favor of the annexation to Temple City. Councilman Swain moved to accept the petition submitted by Mrs. Eliston and continue the public hearing to January 18, 1983 to verify signatures, seconded by Councilman Atkins and carried. Council Minutes, January 4, 1983 - Page 4 B. PUBLIC HEARING: APPEAL FROM PLANNING COMMISSION DENIAL OF CONDITIONAL USE'PERMIT - CASE NO. 82 -661, THRIFTY CORPORATION City Manager Koski presented background information stating the Planning Commission, at their regular meeting held November 23, 1982, denied a request by Thrifty Corporation for a conditional use permit to permit an auto parts store within the Thrifty Drug Store. Thrifty Corporation has appealed that decision to the City Council and Council set public hearing on the appeal for January 4, 1983. The proposal does not expand the shopping center, but instead divides the existing drug store into two stores, Thrifty Drugs which will be 13,800 sq. ft. in area, and Trak Auto which will be 6,150 sq. ft. in area. The exterior facade will be modified to provide for two separate entrances and signage for each business. There being no further staff report, Mayor Tyrell declared the public hearing open. Councilman Atkins moved to include the Planning Commission minutes a part of the record, seconded by Councilman Gillanders and carried. 1 Mr. Jim Barthe, Thrifty Corporation, stated Thrifty finds itself in the position of needing to upgrade and remodel a number of stores and in planning for the Temple City store they are being rebuffed by the City from making improvements. It is their intention to offer the consumer quality product at a discount price. At the Planning Commission meeting it was stated there would be debris resulting from the auto parts store and statement that the city does not need another auto parts store. In a free enterprise system competition is always good and the store should have a positive impact. Thrifty hopes the Council will see the positive side and allow us to proceed with our development. In answer to question from Council whether the store would be remodeled without the new line, Mr. Barthe stated they would not in the near future; that Ralph's has the responsibility of cleaning the parking lot and maintaining the shrubs under a Reciprocal Easement Agreement; each store would have restroom facilities. Willena May Schwerin, 5833 Oak Avenue, stated there are presently 5 auto parts stores in Temple City and five drug stores and in her opinion another auto part store is not needed. She also expressed con- cern the parking lot would be littered from the proposed use. Joe Picone, 5837 Oak Avenue, stated he has an auto body shop next to him which operates seven days a week and selling auto parts in the Thrifty /Ralph shopping area will compound that problem because people will go into the store and buy parts and use the parking lot and streets to repair their cars. There being no one else come forward to speak, Councilman Gillanders moved to close the public hearing, seconded by Councilman Atkins and carried. Councilman Atkins stated that he feels there are built in problems with franchises and one of this nature would generate trash and debris, and there would be no way to police the litter caused by the by pro- ducts of this type of business. In his opinion the property owners have a valid concern and also he agreed with the Planning Commission finding that the use would be detrimental to neighboring property values. He would vote in opposition to a conditional use permit. Councilman Gillanders stated he . has mixed emotions; he agrees with everything said by Councilman Atkins and in addition, was concerned about the overuse of the parking lot. He also expressed some concern regarding the amount of stock to be divided into the two stores, stating that Thrifty utilizes the free enterprise system very well. Councilman Swain stated she agrees that the free enterprise should prevail, but feels the property has reached the saturation point. She noted that Mrs. Scherin had submitted a petition to the Planning Commission signed by 24 immediate neighbors opposing the growth of Thrifty and the increased traffic which would result. In her opinion the development would be detrimental to the neighborhood. 1 Council Minutes, January 4, 1983 - Page 5 Councilman Dennis stated in his opinion the site is adequate in size and shape for the proposed use. The Planning Commission made its decision based on adverse effect on the adjoining properties, but he feels you cannot make an assumption that the use of the property is going to have an adverse effect on adjoining properties. If people use the public street for the repair of their vehicles, that should be taken care of by enforcement; that is not the store's problem. He believes the property owner has the right to use the property as an auto parts store and would not object to conditional use permit. Mayor Tyrell stated his concern that in the past Thrifty has not been a good neighbor as indicated by lack of maintenance and care of the parking lot. He feels that the use of the property has reached a saturation point and any additional use will create a problem; the neighbors would be subject to disturbances which are unreasonable. Councilman Atkins moved to deny the appeal and concur with the Planning Commission's decision, and instruct the City Attorney to prepare an appropriate resolution for adoption at the next City Council meeting, seconded by Councilman Swain and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Atkins, Gillanders, Swain, Tyrell NOES: Councilmen- Dennis 7. NEW BUSINESS: None. 8. COMMUNICATIONS: None. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward. III ECESS TO CRA: t this time, Council recessed to meet as the Community Redevelopment Agency, all members being present; approved the minutes of the regular meeting held December 7, 1982, approved Annual Report for fiscal year July 1, 1981 to June 30, 1982, and adopted resolution approving warrants and demands. The minutes are set forth in full in the records of the Agency. RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: A. Annual Report, July 1, 1981 to June 30, 1982 City Council received the annual report from Community Redevelopment Agency and instructed the City Manager to prepare a letter to the city's . representatives in the legislature regarding needed legislation as set forth in Section (d) and accepted the report for filing with the California Department of Housing and Community Development. 11. MATTERS FROM CITY OFFICIALS: A. Temple City Unified School District - Swimming Pool Resurfacing Councilman Dennis moved to approve request from Temple City Unified School District for 25% funding for resurfacing the swimming pool, not to exceed $3,800., appropriate additional funds in that amount and amend the adopted budget accordingly, seconded by Councilman Gillanders and carried. B. JPIA Claims Council received a memo from City Attorney regarding JPIA position that JPIA should designate defense counsel on all claims, stating Council Minutes, January 4, 1983 - Page 6 he agrees with JPIA with one exception: he does not think the use of City Attorney should be prohibited, but that it should require approval of the Executive Committee on an ad hoc basis. Councilman Atkins moved to adopt the City Attorney's opinion as Council policy and instruct City Manager to transmit that position to JPIA, seconded by Mayor Tyrell and carried. C. Claim for Damages: Wolfe Fainblit Estate Councilman Gillanders moved to deny claim for damages and refer the claim to JPIA, seconded by Mayor Tyrell and carried. D. PROPOSED PATROL TEAM LEADER Mayor Tyrell presented proposal to establish a Patrol Team Leader position which would improve field supervision, project coordinator, and inter -shift communication between deputies serving Temple City for Council's approval. Councilman Gillanders moved to approve one Bonus I position to be assigned to the 40 hour general law car, appropriate additional funds in the amount of $2,445 and amend the adopted budget accordingly, seconded by Councilman Atkins and carried. E. Mayor Tyrell directed Council's attention to a Star -News article about police and fire service costs with a spread sheet attached showing per capita expenditures of various neighboring cities for police, fire and other services. The spread sheet showed Temple City well below other cities in expenditures. F. Councilman Gillanders requested staff inspect the slurry seal work done on Robinhood, where pot holes were slurried over, leaving the pot holes. G. Councilman Swain commented on the successful year for Fiesta Floats, congratulating them on their awards. 12. ADJOURNMENT: 1 The meeting recessed at 9:30 p.m. to an Executive Session to discuss possible litigation with the City Attorney. Next meeting of the City Council will be held Tuesday, January 18, 1983, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: V. Chef Deputy City Clerk 1