HomeMy Public PortalAboutCity Council_Minutes_1969-01-07_Regular 1969C O U N C I L M I N U T E S
CITY OF TEMPLE CITY
TEMPLE CITY CALIFORNIA
JANUARY 7, 1969
INITIATION:
1. Mayor Briggs called the regular meeting of the City Council to
2. order at 7:30 P. M. Rev. R. E. Schulz of the First Lutheran
Church, 9123 Broadway, Temple City, gave the invocation follow -
3. ing which Mayor Briggs led the Pledge of Allegiance to the Flag.
4. ROLL CALL:
PRESENT: Councilmen- Beckley, Harker, Merritt, Tyrell, Briggs
ABSENT: Councilmen -None
ALSO PRESENT: City Manager Koski, City Attorney Martin, Planning
Director Dragicevich, Public Works Director Pizzorno
5. APPROVAL OF MINUTES:
a. Regular meeting of December 17, 1968.
Councilman Harker moved to approve the minutes of December 17,
1968, . as written, Councilman Merritt seconded, and the motion
carried WthCouneilman Beckley abstaining due to his absence.
b. Adjourned meeting of December 19, 1968.
Councilman Harker moved to approve the minutes of December 19,
1968, as written, Councilman Merritt seconded, and the motion
carried with Councilman Beckley abstaining due to his absence.
c. Adjourned meeting of December 23, 1968.
Councilman Merritt moved to approve the minutes of December 23,
1968, as written, Councilman Beckley seconded, and the motion
was unanimously carried.
PUBLIC HEARING: CONTINUED: 7:30 P. M. APPEAL FROM PLANNING COMMISSION
DECISION: CASE #68 -265, MARIE & HARRY DE VASHER, 6327 N. PRIMROSE
City Attorney Martin stated the above appeal had been presented
previously to four Councilmen and was continued to have five
Councilmen participate. He asked Councilman Beckley if he had
heard the tapes of the previous meeting and reviewed the files
on this case. Councilman Beckley advised he had. The City
Attorney asked if anyone objected to Councilman Beckley partici-
pating in this Public Hearing. No one came forward to protest.
Mayor Briggs declared the continued Public Hearing opened. The
Planning Director stated the applicant proposal is to add to an
existing residential dwelling with less than the required front
yard set back as a 9' x 20' addition to the garage would expand
5 2 ft. into the required front yard setback area. Applicant
states the existing design as built does not allow sufficient
driveway turning radius so that both family cars can be garaged.
Primrose at this point is a cul -de -sac street with this property
having only a 26' 7" frontage on the street.
Mayor Briggs asked if anyone wished to speak in favor of the
request.
Harry De Vasher, 6327 Primrose, referred to the plot map of
his proposal and existing improvements, as well as the lay -out
of the lot on the cul -de -sac. He spoke in favor of his variance
request as submitted and felt it would improve his property and
also increase adjoining property values rather than decrease them.
Frank Turiace, owner of the adjoining property to the south spoke
in favor of the requested variance stating it is impossible to
get in and out of the garage as it now stands.
No one else came forward to speak in favor of the application.
Mayor Briggs asked if anyone wished to speak in opposition to
the variance request.
Council Minutes, January 7, 1969, page 2
Donald Peart, 111 San Vincente Blvd., Beverly Hills, stated he
was an architect and speaking as the representative of Mr. and
Mrs. Robert Peart, 6335 N. Primrose, and asked what the basis was
for granting or denying the appeal.
The Planning Director quoted from the Temple City Municipal Code
re Burden of Proof, Section 9201, as follows:
"Burden of Proof. Before any zone variance shall be granted,
the applicant must show, to the satisfaction of the Commission
or the Council, all of the following facts:
1. That there are exceptional or extraordinary circumstances
or conditions applicable to the property involved or to the
intended use of such property, which do not generally apply
to other properties in the same zone; and
2. That such variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other
property similarly situated, but which is denied to the proper-
ty in question; and
3. That the granting of the variance will not be materially
detrimental to the public welfare or injurious to the adjacent
property; and
4, That the granting of the variance will not adversely
affect the General Plan nor the purpose and intent of the
provisions of this Chapter; and
5. That there are special circumstances as provided in Section
65906 of the California Government Code.
Mr. Peart stated the De Vashers were enjoying the same rights as
adjoining owners as all existing buildings were built as provided
in the Code at the same time. He also felt the garage doors
could be turned around to the east side which would increase the
'turning radius to 27 ft.
Councilman Merritt asked the distance between the existing door
and the property line to the south and was advised it was 22' 10 ":
also the distance to the easterly property line and was advised
it was 27'.
Robert Peart, 6335 Primrose, stated he was opposed as outlined
in the statement of his representative Donald Peart.
Nick Valexakis, 6334 Primrose, stated he also was opposed to
the granting of the variance.
No one else came forward to speak and Mayor Briggs offered Mr.
De Vasher the opportunity for rebuttal.
Mr. De Vasher, the applicant, re- stated the inability to use the
garage as now situated.
Discussion brought out the two properties to the rear have 12 ft.
driveways from the street to their homes in the rear, and which
are private property and not available for use by Mr. De Vasher
should the doors be moved to the east side of the building.
No one else came forward to speak and Councilman Tyrell moved to
close the Public Hearing, Councilman Harker seconded, and the
motion carried unanimously.
Councilman Harker asked the City Engineer what would be allowed
for getting in and out of a parking lot which had right angle
parking and no parking on the opposite side. He was advised by
Engineer Pizzorno that 23' is used quite commonly on parking lots.
The Planning Director stated 25' is required by the Planning Dept.
Council Minutes, January 7, 1969, page 3
Councilman Merritt stated Mr. Pears': had presented a very good
picture if his measurements are correct and with Mr. De Vasher
having stated at the previous hearing that if possible he would
change the door to the east, and that in view of these facts
he would be in favor of making the garage entrance on the east
rather than on the south side.
Councilman Harker felt they should be guided by the fundamental
reasons as stated for granting or denying. He stated any problem
seemed to be in the original lay -out. He felt it was possible
to get two cars in the existing garage but not convenient,,, however
this would not be justification for a variance. In view of facts
as presented his opinion would be that the request is not justified
and he would support the Planning Commission, and would also re-
commend switching the garage door to the east to get maximum use
of their property.
Councilman Beckley felt the addition as proposed if not following
our Code is illegal and he felt the Planning Commission was correct
in denying the variance.
Councilman Tyrell drew a rough sketch of the lay -out of this prop-
erty and the adjoining property to the rear. He showed that the
De Vasher building would be 22' further out than the existing
property line of the house in the rear, which is the only house
which should be so lined up. The only ,reason this small bit of
the plan is illegal is because this lot;`: is on a curve of the
street. If impractical to use as garage he has unusual circum-
stances. This request does not impinge on the rights of others
and he felt he was entitled to it.
Mayor Briggs stated in reading the requirements he felt there
are exceptional conditions, he cannot use his property adequately
and he is materially affected with possibility of damage to his
vehicles getting in and out.. He felt this an exceptional case.
Councilman Tyrell moved to grant the appeal and to instruct the
City Attorney to prepare a Resolution so stating, Councilman
Briggs seconded, and the motion carried by the following roll
call vote:
AYES: Councilmen- Merritt, Tyrell, Briggs
NOES: Councilmen- Beckley, Harker
PUBLIC HEARING:77:30 P. M. RE- ESTABLISHMENT OF PEDESTRIAN MALL NO. 5
City Attorney Martin advised this was the time for the Public
Hearing to hear protests to the proposal of establishment of
Pedestrian Mall No. 5, from Temple City Blvd. to Primrose, on
the north side of Las Tunas Dr. He asked if any protests or
claims of damage had been filed and was advised there were none.
Mayor Briggs declared the Public Hearing opened.
City Manager Koski stated that pursuant to Div. 13 of the Streets
and Highways Code the City Council adopted Resolution No. 68 -858
declaring its intention to establish a Mall and setting a Public
Hearing for Jan. 7, 1969. All property owners have signed waivers
and agreed to establishment of a pedestrian mall. He advised
the City also proposes to develop and improve the existing parking
lots to the north of the present alley which is the area of the
proposed mall which will be in conformity to other parking lots
existing in the City. The notices were posted, Resolution record-
ed and the property owners notified. The parking lots to north
of the alley adjacent to Temple City Blvd. has been deeded to the
City. The Bank lot will be improved in the same manner and they
are going to reimburse the City for the costs.
No one came forward to speak for or against the proposal..
Council Minutes, January 7, 1969, page 4
Councilman Tyrell moved to close the Public Hearing, Council-
man Merritt seconded, and the motion carried unanimously.
City Attorney Martin presented Resolution No. 69 -884 A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY OVER - RULING
PROTESTS AND DETERMINING. TO ESTABLISH PEDESTRIAN MALL #5. Coun-
cilman Tyrell moved to adopt Resolution No. 69 -884, Councilman
Harker seconded, and the motion carried unanimously.
City Attorney Martin presented Ordinance No. 69 -278 AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISHING A
PEDESTRIAN MALL PURSUANT TO THE PEDESTRIAN MALL ACT OF 1960,
DIVISION 13 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA. Councilman Harker moved to waive further reading
of Ordinance No. 69 -278, Councilman Tyrell seconded, and the
motion carried unanimously. No further action as it was 1st reading.
UNFINISHED BUSINESS:
6. ORDINANCE NO. 68 -276: 2nd read. RELATING TO SETTING OF CLOSING
HOURS FOR CITY PARKS
City Attorney Martin presented Ordinance No. 68 -276 for second
reading AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW SEC-
TIONS 3710 AND 3711 TO THE TEMPLE CITY MUNICIPAL CODE RELATING
TO THE SETTING OF CLOSING HOURS FOR CITY PARKS. Councilman
Merritt moved to waive further reading and to adopt Ordinance
No. 68 -276, Councilman Beckley seconded, and the motion carried
unanimously.
7. ORDINANCE NO. 68 -277: 2nd read. RE MAP CHECKING AGREEMENT BE-
TWEEN THE COUNTY AND THE CITY
City Attorney Martin presented Ordinance No. 68 -277 for second
reading AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING SUBSECTION
(d) TO SECTION 9601 OF THE TEMPLE CITY MUNICIPAL CODE RELATING
TO PARCEL MAPS. Councilman Harker moved to waive further reading
and to adopt Ordinance No. 68 -277, Councilman Merritt seconded,
and the motion carried unanimously.
8. ORDINANCE NO. 69 -279: 1st read. AMENDING MUNICIPAL CODE ESTABLISH-
ING BALDWIN AVE. AS A TRUCK ROUTE.
City Attorney Martin presented Ordinance No. 69 -279 for first
reading AN ORDINANCE OF THE CITY OF TEMPLE CITY DESIGNATING A
PORTION OF BALDWIN AVENUE AS A TRUCK ROUTE. Councilman Tyrell
moved to waive further reading, Councilman Merritt seconded, and
the motion carried unanimously. No further action was taken as
this was the first reading of the ordinance.
NEW BUSINESS:
9. SET PUBLIC ASSESSMENT HEARING FOR THE FOLLOWING:
a. ARDEN DRIVE: east side, Olive to Daines, curbs, gutters and
sidewalks.
b. GLICKMAN: east side, Randwick to Olive, curbs, gutters and
driveway approaches.
c. GOLDEN WEST: east side, Key West to La Rosa, curbs, gutters
and driveway approaches.
d. GOLDEN WEST: east side, La Rosa to Miloann, curbs, gutters
and driveway approaches.
Councilman Tyrell moved to set items a, b, c, and d, for Public
Hearing on Jan. 21, 1969, at 7:30 P. M., Councilman Beckley se-
conded, and the motion was unanimously carried.
10. RESOLUTION NO. 69 -883: Warrants & Demands in sum of $87,173.14,
No. 12020 through No. 12085
Council Minutes, January 7, 1969, page 5
City Manager Koski presented the above Resolution. Councilman
Tyrell moved to adopt Resolution No. 69 -883, Councilman Beckley
seconded, and the motion carried unanimously.
11. COMMUNICATIONS: None
12. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
No one came forward to speak at this time.
13. MATTERS FROM CITY OFFICIALS:
The City Manager presented Escrow statements received. One
for the acquisition of property on Sultan (5223 /31.Serend, right -of-
way) for widening and improvement of Sultana Ave., and requested
approval of payment in the amount of $2106.50. for acquisition of:
this property. Councilman Harker moved to approve payment of the
amount as requested, Councilman Tyrell seconded, and the motion
carried unanimously.
The Escrow statement for payment of the property at 5839 Camellia
Ave. for future parking facilities in the sum of $20,045.44 was
presented for payment authorization by the City Manager. Dis-
cussion followed regarding the appropriation. Councilman Beckley
moved to appropriate funds in the amount of $20,045.44 for acqui-
sition of this property from the State Purpose Fund and to amend
the budget accordingly, Councilman Tyrell seconded, and the motion
was unanimously carried.
The City Manager presented a letter and Resolution from the City
of Upland re events at San Francisco State College and the position
taken by President Hayakawa for Council consideration. Following
discussion Councilman Harker moved to have the City Attorney pre-
pare a Resolution supporting his stated objectives and policies,
Councilman Harker seconded, and the motion carried unanimously.
Councilman Harker advised he would be in Sacramento on Jan. 14th
for the entire day if the Council had anything he could do for
them at that time.
Councilman Merritt suggested that we get a pair of wire cutters,
spray them with gold paint, and sent them to President Hayakawa
along with the Resolution.
14. ADJOURNMENT: Councilman Harker moved to adjourn to a Personnel
session, and from there to the regular meeting of the City Council
on January 21, 1969, Councilman Tyrell seconded, and the motion
was carried unanimously. Council adjourned at 8 :50 P. M.
ATTEST:
II City C4/e—(1-/-(
i.► 7
ayor