HomeMy Public PortalAboutMinutes - 1975/10/15 - RegularTEMPLE CITY PARKING COMMISSION
OCTOBER 15, 1975
1 Chairman Ross called to order the regular meeting of the Parking
Commission at 3:00 p.m. on October 15, 1975 in Council Chamber of
City Hall.
2. The Chairman led in the Pledge of Allegiance to the Flag.
3 Roll Call: Present: Commissioners Driver, Konrad, Millham,
Nunamaker, Ross
Absent: None
Also
Present: Assistant City Manager Biel
4 APPROVAL OF MINUTES - Regular Meeting of June 18, 1975.
Commissioner Millham moved to approve the minutes of the regular
meeting of June 18, 1975 as mailed. The motion was seconded by
Commissioner Konrad and carried.
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REORGANIZATION OF THE COMMISSION
Chairman Ross turned the chair over to Assistant City Manager Biel
for the purpose of reorganizing the Commission.
Mr. Biel declared nominations open for Chairman for the ensuing year.
Commissioner Nunamaker placed Commissioner Konrad's name in nomination.
Commissioner Konrad declined the nomination. Commissioner Millham
nominated Commissioner Driver as Chairman. The motion was seconded by
Commissioner Nunamaker. There were no other nominations. Commissioner
Driver was declared the unanimous choice for Chairman of the Parking
Commission for a one -year term.
Commissioner Nunamaker moved to place Commissioner Konrad's name in
nomination as Vice Chairman. The motion was seconded by Commissioner
Millham. There being no further nominations, Commissioner Konrad
was unanimously declared Vice Chairman for a one -year term.
NEW BUSINESS:
6: INGRESS- EGRESS OVER PEDESTRIAN MALL (No. 4)
SMr. Biel advised that pursuant to City Council referral at the regular
meeting of August 19, 1975, the staff had contacted Mrs. Gwendolyn
Harris, 96592 Las Tunas Drive, concerning a violation in crossing
over the pedestrian mall to park her car in the garage at this location.
Mrs. Harris had written a letter requesting the continued use of the
garage as she is the present owner of the business and resides in
the apartment above the building which includes a garage. Her car is
driven into the garage around 9 p.m. and is taken out at.5 a.m. in
the morning.
Mr. Biel pointed out that the right to any vehicular access across
the mall was terminated at the time the malls were established as
shown in the Resolution of Intent No. 66 -679 Mall 4, and there was
no protest made during the 90 -day protest period by the previous owner
of the property at 96592 Las Tunas Drive. Copies of Mrs. Harris' letter
of request and the Resolution of Intent were made available to the Commis-
sion for their perusal.
Chairman Driver invited Mrs. Harris to speak to the Coin mission. Mrs.
Harris stated that Mr. Chris Williams would speak on her behalf.
Mr. Chris Williams, 9659 Las Tunas Drive, stated that when Mrs. Harris
bought the building she'was not informed of the restrictions under
the Mall Act and was unaware that prior owners did not obtain permission
to cross over the mall to use the existing garage. However, the fact
is that she has purchased the building and made the living quarters
PARKING COMMISSION MINUTES - MEETING OF OCTOBER 15, 1975 PAGE 2
her home and is requesting permission to use her garage to park
her car. He said that the car is moved out of the garage prior. to.
6 a.m. and in the garage at 8 p.m. With regard to any damage that
crossing the mall might incur, a "partable ramp is used to move the
car in and out of the garage so the curb is not actually jumped.
Mrs. Harris is also concerned for the safety of her car.
In Commission discussion of the request, Commissioner Nunamaker
reviewed the main points of the proceedings in the development of
the malls, noting that property owners at that time were given an
opportunity to protest; that only two permits have been given to
cross the mall and neither owners are permitted to park a vehicle
in his building overnight. In all other instances, crossing over
the mall sidewalk is prohibited. However, the public parking lots
are for overnight parking.
Commissioner Ross noted that in all the malls this is the only
garage in existence with a legal residence, the garage is for parking
purposes and is therefore a legal structure. He felt this property
was in a different category than the other two buildings referred to
by Commissioner Nunamaker. Commissioner Nunamaker pointed out
that one of the other permittees has a legal garage. Commissioner Ross
countered that Mrs. Harris' garage is a separate building with living
quarters. Commissioner Nunamaker disagreed, noting that it may set
a precedent if Mrs. Harris' request was granted. Commissioner Ross
questioned the legality of keeping an owner from parking in his
garage. Mr. Biel advised that the access was deleted under the
formation of the malls and there is no legal access to the structure
at this time. The previous owners in not exercising the right of
protest to cross over the sidewalk to the garage was binding on all
future property owners.
Commissioner Millham pointed out that the two owners granted access
over the pedestrian mall had made their protest within the 90 day
period at the time of the public hearings. However, there were certain
stipulations in the agreement with the City to which each property owner
had to adhere, and the right to cross over the mall was reviewed
annually for both permittees. All other property owners within the
parking districts have given up the right to cross over the mall.
Commissioner Ross stated that the uniqueness of the property is that
it is unlike any other in the district and there is little possibility
of a garage being built within the parking districts which would
cause an owner to apply for a permit to cross, over the mall. He
felt the present owner has improved the building's appearance and
that she is a credit to the business community. He did not foresee
a precedent being established in this case were a permit to be recommened.
Commissioner Millham said that while it is unique nonetheless the
garage was in existence at the time of the hearings in conjunction
the the establishment of the malls and the structure has remained unchanged.
He expressed concern about setting a precedent if this request were
granted.
Mrs. Harris emphasized to the Commission that this property is also
her home as well as her business and that she had not been informed'
by the previous owner of the provisions in the Resolution of Intent.
She has made every effort to keep up the property and feels she is
entitled to the use of the garage.
Commissioner Ross said he would favor recommending this matter to
the City Council based upon reasons he has previously stated, adding
that in his view property owners in the parking districts at the time
of the hearings on the malls gave up their right to park in the space
behind their buildings but did not give up their right to use their
liuilding.
Commissioner Millham pointed out that one of the requirements in the •
agreement with the two property owners who have been granted permission
to cross the mall is liability insurance, asking Mrs. Harris if this
would be a hardship on her. Mrs. Harris replied that she now carries
insurance.
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PARKING COMMISSION MINUTES - MEETING OF OCTOBER 15, 1975 PAGE 3
Chairman. Driver asked Mrs. Harris how long she had been parking in
the garage. Mrs. Harris responded she had been parking in the garage
since she moved into the apartment two years ago. Prior to that time
tenants living in the residential quarters parked their vehicles in
the garage. They also worked on their motorcycles on the sidewalk in
front of the garage. Prior to buying the business three years ago she
had managed the knit shop; however, the previous owner had never lived
in the apartment herself. Chairman. Driver asked the applicant if she
encountered difficulty in getting her car into the garage after 9 p.m.
because of parked cars in the public parking lot in front of her
garage Mrs.- Harris replied that it was more difficult on Friday,
Saturday and Sunday nights.
Commissioner Konrad inquired if parking was permitted overnight in
public parking lots. Mr. Biel replied that it is permitted. Commis-
sioner Konrad asked if the same conditions would be imposed on Mrs.
Harris as on the other two permittees if her request -were granted.
Mr. Biel stated that staff would recommend that the same conditions
apply; however, the Commission could recommend other conditions for
City Council consideration if they felt it was warranted.
Commissioner Driver declared a 5 minute recess at 3:32 p.m. in order
that the agreements with Zager -Smith and with A. W. Driver could be
obtained for Commission's review and for Mrs. Harris' information.
• The meeting was reconvened by Chairman Driver at 3:37 p.m.
Mr. Biel compared the two agreements noting, that the conditions were
identical except the agreement with Mr. Driver specified no storage
of vehicles overnight is permitted within his building nor may a
vehicle be parked on the pedestrian mall or protrude from the storage
facility onto the pedestrian mall. Mr. Zager is required to provide a
ramp and maintain it in a safe condition, his permit is for loading
and unloading of commercial delivery vehicles serving his place of
business only.
In answer to Commissioner Ross's inquiry, Mrs. Harris stated that
her car is used for delivery to customers and for pickup of yarns and
goods related to her business and for emergency shopping, which is
the primary reason for taking her car out by no later than 7 a.m.
Commissioner Nunamaker asked what her parking arrangements was during
the day. She replied that American Savings & Loan had approved the
use of one of their stalls in the parking lot.
Commissioner Ross moved to recommend to the City Council that permission
be granted to Mrs. Harris, 96592 Las Tunas Drive to cross over the
pedestrian mall in order to park her car in the garage, subject to the
following conditions:
(1) Permission be granted to cross over the mall to park in the
garage overnight from the hours of 9 p.m. to 6 a.m. only.
(2) The temporary ramp used to drive the car in and out of the
garage be stored -in. the garage.
(3) That the permittee- shall immediately, upon occurrence,
a. remove oil stains from the sidewalk, and /or
b. repair all damage to the sidewalk, all stains and
damage shall be presumed caused by the permittee.
(4) That the permittee shall provide insurance in a form approved
by the City Attorney .(bodily injury and property damage,'$100,000
each person, $300,000 each occurrence - with City of Temple City
named additionally insured).
(5) That the permit shall be subject to annual review, or upon
transferrence of the property.
• (6) That acceptance of any of the benefits of this permit shall
be deemed to be an acceptance of the burdens.
(7) Failure to comply with the provisions of the agreement shall
render permit void.
PARKING COMMISSION MINUTES - MEETING OF OCTOBER 15, 1975 PAGE 4
Commissioner Konrad seconded the motion which carried unanimously.
Commissioner Millham stated his position. that he voted in favor of
the request on the condition. that it is not binding on the Commission
to recommend granting others the right to cross over the mall, as
this particular case is unique.
7. COMMUNICATIONS: There were no communications.
8. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: No one else came forward.
9. MATTERS FROM CITY OFFICIALS.
A. Mr. Driver drew attention to the shortage of parking in public
parking lot No. 5, particularly between the hours of 11:30 a.m._
to 2:00 p.m. during the week, and on Friday nights. He asked about
the number of parking spaces required when a business makes application
for use of a building -which is adjacent to a public parking lot. Mr'.
Biel briefly outlined the requirements in this - instance, explaining.
that all property owners in a parking district were assessed for a
proportionate share of the public parking lot and the number of parking
spaces their customers can use is not restricted.
In response to Chairman Driver's question about conditions set forth
for parking requirements in the establishment of a new business -
adjacent to .the.ma.11s,.Planning Director Dragicevich was called to
the meeting to respond.
Planning Director Dragicevich arrived to the meeting at 3:45 p.m.
He explained the procedure in some detail, noting that where conditions.
were required under a Conditional Use Permit for a particular
business, if new owners conducting the same type of business took
over the conditions imposed by the Planning Couuiiission at the time of
public hearing remain. unchanged. However, if there was a requested
change in the permitted use, or an expanded use of the existing
business, then the matter would come before the Planning Commission to
determine if it was a proper use and off- street parking requirements
would be reviewed.
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Commissioner Millham concurred with the Chairman that there had always
been a shortage of parking in public parking lot No. 5. There was
some discussion on several alternatives to providing additional parking
in the public parking lot, and Commissioner -- Nunamaker -- reviewed the
unsuccessful results in the past of attempts in this direction.
3:55 p.m. Commissioner Ross asked to be excused from the meeting as
he had a prior appointment.
B. Commissioner Konrad stated she was concerned about the parking of
vehicles in the one -way alley south of Las Tunas Drive -at the westerly
approach to Camellia Avenue -. She suggested that prohibited parking
signs be placed in the entrance to the alley as much of the time
delivery trucks are stopped behind the drug store and frequently
there is a passenger vehicle parked halfway in the alley. This-
situation makes it almost impassable for other vehicles going through
the alley. Commissioner Millham suggested the matter be referred
to the Traffic Commission for review.
C. Commissioner Nunamaker referred to the unsightly condition of the
empty service station on the southeast corner of Camellia Avenue and
Las Tunas Drive since it has been closed -. It is being used as a
parking lot. Planning Director Dragicevich advised that the property
owner would be contacted and requested to post the appropriate signs.
10. ADJOURNMENT
There being no further business to conduct, the meeting was adjourned
at 4:05 p.m. to the next regular meeting of the Parking Commission on
February 18, 1976, . 3:00 P.M., in Counci Ch_-bers.
ATTEST:
Secretary
airman.
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