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HomeMy Public PortalAboutCity Council_Minutes_1968-11-05_Regular 1968C O U N C I L M I N U T E S CITY OF TEMPLE CITY TEMPLE CITY, CALIFORNIA NOVEMBER 5, 1968 INITIATION: 1. Mayor Briggs called the regular meeting of the City Council to 2. order at 7:30 p.m. Elder William Swain of the Re- Organized Church of Jesus Christ of Latter Day Saints, 9458 Broadway, 3. Temple City, gave the invocation, following which the Mayor led the Pledge of Allegiance to the Flag. Mayor Briggs welcomed the Junior High students who were present with their instructor, Sgt. Stevens. He also welcomed Lt. Tolman, newly assigned to the local Sheriff's station. 4. ROLL CALL: PRESENT: Councilmen- Harker, Merritt, Tyrell, Briggs ABSENT: Councilman - Beckley ALSO PRESENT: City Manager Koski, City Attorney Martin, Plan- ning Director Dragicevich, Public Works Director Pizzorno, Recreation Director Kobett, Traffic Engineer Envall Councilman Merritt moved, seconded by Councilman Harker, that the absence of Councilman Beckley be excused, and the motion carried unanimously. 5. APPROVAL OF MINUTES: Regular meeting of October 1, 1968. Councilman Merritt moved to approve the minutes of the regular meeting of October 1, 1968, as mailed, Councilman Harker seconded, and the motion carried unanimously. UNFINISHED BUSINESS: PUBLIC HEARING: 7:30 p.m. Re APPEAL FROM PLANNING COMMISSION DECI- SION: Marie and Harry DeVasher, 6327 N. Primrose Ave., Variance Case No. 68 -265. Mayor Briggs declared the public hearing opened. Planning Director Dragicevich presented the appeal of Marie and Harry DeVasher from the decision of the Planning Commission denying a variance to extend a garage addition into the requi- red front yard set back. The Planning Director pointed out on a plot plan that the subject property is zoned R -2 and located on a cul -de -sac with a 26.73 ft. frontage. The existing gar- age is 20 x 20 ft., and the applicants' proposed expansion of 9 x 20 ft. would reduce the required 20 ft. front yard setback to only 142 ft. Mayor Briggs asked if anyone desired to speak in favor of the variance. Mr. Paul Kettle, 8830 Emperor, Temple City, stated that he had helped with the plans, had been to the property and tried to get a second car into the garage, and had found it impossible to do so. Mr. Kettle stated that the people in the house to the north, with the same type frontage, use an ,asement to enter their garage. The Planning Director advised that imme- diately to the east of the subject property the 20 ft. drive- way belongs to the houses located to the north and northwest. Discussion followed re placement of the garage door on the east side, and Mr. Kettle advised this was considered undesir- able. Mr. Harry DeVasher, applicant, 6327 N. Primrose, spoke in favor of their application. He felt that a closed garage, opening away from his neighbor to the south, would help reduce vehicle noise, about which the neighbor had complained. Council Minutes, November 5, 1968, page 2 Mr. Donald Peart, 111 San Vincente Blvd., Beverly Hills, repre- senting Mr. and Mrs. Robert Peart, 6335 N. Primrose, Temple City, spoke against the variance, stating that the existing turning radius was legal when constructed and would be legal in the City of Los Angeles. He suggested that the 26 ft. east side of the DeVasher property was more than adequate for turn- ing if the doors were moved to the east side; and if it were actually insufficient, then Mr. DeVasher could probably nego- tiate with the owners of the adjacent driveway. Mayor Briggs asked if Mr. Peart's clients would grant an easement in the event the garage doors were moved to the east side, and he stated they would want a reciprocal agreement "to hold the line on building where it is." Mr. L. J. Flaherty, 6327 Temple City Blvd., was opposed to the granting of the variance, stating that he believed the variance was requested for illegal storage. Councilman Tyrell declared such use was not illegal, which statement was upheld by the City Attorney. Mr. Flaherty further stated that another con- tractor had put in the driveways for road purposes, they were dedicated and not owned by anyone, and can be used by anyone. Mr. Robert Peart, 6335 N. Primrose, residing directly north of the subject property, was opposed for the reasons stated by his brother, Donald, who was representing him, but he was not opposed to an easement if necessary, as he did not wish to create any hardship. Mr. Nick Alexakis, 6334 N. Primrose, stated that he lives north- east of the DeVasher property and was opposed because he felt his property would be isolated and devalued. As far as the easement was concerned, he felt it would be undesirable. He is able to park two large cars in his garage, which he believes is about the same size as the DeVashers'. He considered the DeVashers wonderful neighbors and regretted the hardship, if any, created by his objections. Councilman Tyrell moved, seconded by Councilman Harker, to close the public hearing. The motion carried unanimously. Again the Planning Director indicated on the plot plan the area for which a variance was requested. Councilman Tyrell com- mented that this appeared to be only a little part, so he moved to grant the appeal, and Councilman Merritt seconded the motion. Councilman Harker stated that he objected because there ap- peared to be adequate turning radius and he could not under- stand not using the east entrance as an alternative. Council- man Tyrell expressed his opinion that a person was legally entitled to use his property for storage if he wished. Coun- cilman Harker said that if storage is what Mr. DeVasher wants, then he can build to the legal limit; and if parking his cars in the garage is what he wants, he can solve it by putting the door on the east side. The motion to grant the appeal was tied by the following vote: AYES: Councilmen- Merritt, Tyrell NOES: Councilmen- Harker, Briggs ABSENT: Councilman - Beckley Due to the tie -vote, Councilman Harker moved that the matter be re- opened and held over until a full Council is present. City Attorney Martin determined that none of the interested persons had left, so that no further notice would be given of the continuance to November 19, 1968, at 7:30 p.m. in the Coun- cil Chambers of the City Hall. Councilman Merritt seconded, and the motion carried unanimously. Council Minutes, November 5, 1968, page 3 NEW BUSINESS: 6. TEMPLE CITY BLVD.: LIVE OAK AVE. /NORTH CITY BOUNDARY: RECON- STRUCTION: Right of Way Acquisition - Approval of Plans A. The Public Works Director presented plans and specifica- tions for a portion of Temple City Blvd., from Live Oak to the north City limits, with construction scheduled from approximately January 2 to November 1, 1969. Councilman Tyrell moved to approve the plans and specifications, Coun- cilman Harker seconded, and the motion was unanimously passed. B. RESOLUTION NO. 68 -867, Consenting to establishment of a portion of Temple City Blvd. within Temple City as part of the system of Los Angeles County Highways. Public Works Director Pizzorno presented RESOLUTION NO. 68 -867, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, CONSENTING TO ESTABLISHMENT OF A PORTION OF TEMPLE CITY BLVD. WITHIN SAID CITY AS A PART OF THE SYSTEM OF COUNTY HIGHWAYS OF THE COUNTY OF LOS ANGELES. The Public Works Director stated the purpose of this resolution is to enable the County to "take on" the construction of this street. Councilman Harker moved the adoption of Resolution No. 68 -867, and Councilman Tyrell seconded the motion which carried unanimously. C. The Public Works Director presented an outline of the pro- posed undergrounding of public utilities, with an estimated cost of $300 to $500 for each property owner. Councilman Tyrell moved to set the public hearing on this matter for November 19, 1968, at 7:30 p.m. in the Council Chambers of the City Hall. Councilman Harker seconded the motion which passed unanimously. D. Public Works Director Pizzorno presented plans and speci- fications for the proposed improvement of Temple City Blvd., from Live Oak Ave. to the north City boundary, stating that the estimated cost is $615,000 and that, under a pro- posed agreement with the County of Los Angeles, the City's responsibility is $258,000. City Attorney Martin suggested an amendment to the agreement, i.e. that the total City responsibility shall not exceed $258,000 without prior City approval. Councilman Tyrell moved that the Agreement, as amended, with the County of Los Angeles be approved and that the Mayor and City Clerk be authorized to execute on behalf of the 'City. Seconded by Councilman Merritt, the motion carried unanimously. RESOLUTION NO. 68 -866: BROADWAY, STREET IMPROVEMENT, ROSEMEAD TO ENCINITA. The Public Works Director presented Resolution No. 68 -866, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY FIND- ING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC STREET PURPOSES AND ALL USES APPURTENANT THERETO (BROAD- WAY: ROSEMEAD TO ENCINITA, IMPROVEMENT PROJECT) Councilman Tyrell moved to adopt Resolution No. 68 -866, Councilman Harker seconded, and the motion carried unaimously. 8. TRAFFIC COMMISSION RECOMMENDATIONS: MEETING OF OCTOBER 2, 1968 A. Item 5. TRAFFIC SIGNAL UPGRADING PROGRAM: Recommend 12" red lenses on mast arms and primary signals at intersection of Lower Azusa and Temple City Blvd. at estimated cost of $750. Traffic Engineer Envall stated that the Traffic Commission recommended the above due to numerous accidents and Council Minutes, November 5, 1968, page 4 instances of persons running the traffic signal. After discussion, Councilman Tyrell moved to adopt the recom- mendation. The motion was seconded by Councilman Merritt and unanimously carried. B. Item 6. CLOVERLY & BLACKLEY - CROSSWALK RELOCATION: Recommend placement of a crosswalk across Blackley St. at west line of Cloverly Avenue south approach. The Traffic Engineer presented the recommendation of the Commission that the crosswalk be relocated across Blackley St. at the west line of Cloverly Ave. south approach to provide better protection for school children. Councilman Merritt moved, seconded by Councilman Harker, to adopt this recommendation, and the motion passed unanimously. C. Item 8. LA ROSA ELEMENTARY SCHOOL - PASSENGER LOADING ZONE Recommend extending present passenger loading zone on Alessandro adjacent to La Rosa School 17 ft. southerly for a total of 40 ft. Traffic Engineer Envall presented the above recommendation, stating that said loading zone is substandard. The motion to approve this recommendation, made by Councilman Merritt and seconded by Councilman Tyrell, was passed unanimously. D. Item 9. LAS TUNAS DRIVE EAST OF ALESSANDRO: COMMERCIAL LOADING ZONE: Recommend no modification to commercial loading zone but rather to relocate bus loading zone on north side of Las Tunas westerly of Alessandro in front of service station, subject to approval of service station proprietor and Rapid Transit District. The Traffic Engineer reported on the study by the Commis- sion and stated that the recommended relocation was agree- able to the service station proprietor and to the Rapid Transit District. Councilman Tyrell moved to approve the above recommendation. Councilman Merritt seconded, and the motion carried unanimously. E. Item 11. TEMPLE CITY BLVD. & OLIVE - ADDITIONAL CROSSWALKS: Recommend placement of two additional crosswalks across Olive St. at the east and west line of Temple City Blvd. Traffic Engineer Envall presented this recommendation. Councilman Harker moved to place the two crosswalks as recommended, Councilman Tyrell seconded, and the motion was unanimously passed. 9. REQUEST FOR TEMPORARY PERMIT TO INSTALL LIGHTS AT LIVE OAK PARK Director of Recreation Kobett presented the request of the Temple City Youth Football, Inc. to install temporary lights along the fence on the east side of Live Oak Park so that the team can practice at night. This installation would be for approximately 60 days. Councilman Tyrell moved, subject to the conditions as set forth by the City Manager, to approve the installation for a period of 60 days. Councilman Harker seconded, and the motion carried unanimously. 101 APPEAL FROM PLANNING COMMISSION DECISION: Variance Case No. 68 -266, 10677 E. Live Oak Ave. - Katherine Buller The Planning Director stated that this appeal could be set for public hearing or determined by the Council on the basis of the facts on file with the Planning Commission. Councilman Tyrell moved to set for public hearing on November 19, 1968, at 7:30 p.m. in the Council Chambers. Councilman Harker seconded, and the motion carried unanimously. Council Minutes, November 5, 1968, page 5 11. RESOLUTIONS NOS. 68 -861, 68 -863, 68 -864 & 68 -865, APPOINTING PERSONNEL City Manager Koski presented Resolution No. 68 -861, A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING TEMPORARY PERSONNEL. Councilman Harker moved to approve Reso- lution No. 68 -861, Councilman Tyrell seconded, and the motion passed unanimously. The City Manager presented Resolution No. 68 -863, A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING TEMPORARY PERSONNEL. Councilman Tyrell moved to adopt Resolu- tion No. 68 -863, Councilman Harker seconded, and the motion was unanimously passed. The City Manager presented Resolution No. 68 -864, A RESOLU- TION OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. Council- man Merritt moved to adopt Resolution No. 68 -864, and Council- man Tyrell seconded the motion, which passed unanimously. City Manager Koski presented Resolution No. 68 -865, A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING TEMPORARY PERSONNEL (Recreation). Councilman Tyrell moved to approve Resolution No. 68 -865, seconded by Councilman Harker, and unanimously carried. 12. RESOLUTION NO. 68 -862: Warrants & Demands City Manager Koski presented Resolution No. 68 -862, A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $87,530.20, DEMAND NOS. 11727 THROUGH 11852. Councilman Harker moved approval, seconded by Councilman Tyrell, and carried unanimously. 14. COMMUNICATIONS: A. The City Manager presented a request from the Chamber of Commerce for use of Live Oak Park bleachers for parade viewing (Festival and Sister City), use of light standards for banners, permit to hang same, street parking ban on a temporary basis on the day of the Camellia Festival, Parade Permit, and a light blue line painted on center of Las Tunas for use the day of the parade, Feb. 22, 1969. Councilman Tyrell moved to approve the requests, subject to the usual insurance requirements. Councilman Harker seconded the motion, which carried unanimously. B. City Manager Koski presented a request from the Union Oil Co. for vibroseis testing on Broadway from the west City limits east to Baldwin Ave. and on Daines Dr. from Baldwin Ave. east to Double Dr. Councilman Merritt moved, seconded by Mayor Briggs, that the request be disapproved. Council- man Harker objected, stating that, inasmuch as there is a moratorium on further testing, he felt since Union Oil was already testing they should be permitted to finish the job. The motion to disapprove carried by the following roll -call vote: AYES: Councilmen- Merritt, Tyrell, Briggs NOES: Councilmen - Harker ABSENT: Councilmen- Beckley C. The City Manager outlined the request of the Temple City Sister City, Inc. for funds to help defray expenses of the group's trip to Magdalena de Kino, Mexico, on November 28, 1968. Mr. Darrell Harding, President of Temple City Sister City, Inc., explained that the association's treasury was somewhat low, in spite of several fund - raising affairs, and it would be most helpful if the City would pay the cost of insurance and bus fuel. After discussion, Councilman Tyrell Council Minutes, November 5, 1968, page 6 moved to disapprove this request, stating he felt it was inequitable to the other citizens. Councilman Merritt seconded the motion, which carried unanimously. D. City Manager Koski presented a claim for indemnification from Mr. Michael R. Coghlan, 9430 E. Lemon, Temple City, for medical expenses incurred in assisting Temple City law enforcement officers on October 14, 1968. The City Attor- ney stated that the State Legislature has enacted legis- lation permitting public bodies to reimburse private citi- zens injured while assisting police officers. Councilman Tyrell moved to pay Mr. Coghlan's claim of $29.00 from reserve funds. Councilman Harker seconded, and the motion was passed unanimously. 15. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward at this time. 16. MATTERS FROM CITY OFFICIALS: City Manager Koski presented the matter of acquisition of Lots 4 and 5, Tract 12210, property located on Pentland. Council- man Tyrell moved to authorize the purchase, Councilman Merritt seconded, and the motion carried unanimously. The City Manager presented the recommendation that the City acquire Lots 564, 626 and 627, Tract 6561, located on Temple City Blvd. and Camellia Ave. Mayor Briggs suggested handling the items separately. The City Manager stated that Lot 564 is located at 5839 Camellia. Councilman Harker moved to autho- rize the City Manager to proceed with the purchase of Lot 564, Councilman Merritt seconded, and the motion carried by the following roll -call vote: AYES: Councilmen - Harker, Merritt, Briggs NOES: Councilman-Tyrell ABSENT: Councilman - Beckley Councilman Harker moved to authorize the City Manager to pro- ceed with purchase of Lots 626 and 627, Tract 6561, located at 5843 Temple City Blvd. Seconded by Councilman Tyrell, the motion carried unanimously. The City Manager presented a bill from Ram Attorney Service in the amount of $749.50 for services rendered in connection with the acquisition of property for widening Temple City Blvd. Councilman Tyrell moved, seconded by Councilman Harker, that the bill be paid. The motion was passed unanimously. The City Manager presented a request from the Temple City Girl Scouts for permission to sell calendars and handicrafts at their fair to be held November 23. Councilman Tyrell moved, seconded by Councilman Harker, to approve the request. The motion carried unanimously. The City Manager presented the matter of the proposed rate increase by the Southern California Water Co. Following dis- cussion, Councilman Tyrell moved that the City Attorney be authorized to prepare a protest and file with the Public Utilities Commission. Seconded by Councilman Harker, the motion was passed unanimously. City Manager Koski indicated that plans and specifications were ready for approval re the proposed parking lot and pedes- trian mall north of Las Tunas between Primrose and Temple City Blvd. Since some of the Council members had not examined the plans, Councilman Tyrell moved to hold this matter for the next meeting. The motion, seconded by Councilman Merritt, was passed unanimously. Council Minutes, November 5, 1968, page 7 ADJOURNMENT: The City Council adjourned at 9:00 p.m. The next regular meeting of the City Council will be on November 19, 1968, at 7:30 p.m. in the Council Chambers of the City Hall, 5938 Kauffman Ave., Temple City, California. ATTEST: y Clerk " `