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.
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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.
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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.
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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:
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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
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