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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