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HomeMy WebLinkAbout1965 05 05 CC MIN1965 05 05 CC MINHÄ—@¸—.ÅÍ«23 REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL MAY 5, 1965 CITY HALL COUNCIL CHAMBER) 144031;East Pacific Avenue 7:30 P.M. In accordance with Section 2703 of the Municipal Code the City Council met in open meeting at 7:OO p.m. in the Confkrence Room for an informal session with the staff to be*informed on regular agenda items. The City,Council of the City of Baldwin Park met in regular session at the above place at 7:30 p.m. Mayor Crites led the salute to the flag. FLAG SALUTE Roll Call: Present: COUNCILMEN ADAIR, GREGORY, ROLL CALL MCCARON, MOREHEAD AND MAYOR CRITES Absent: NONE Also Present: CHIEF ADMINISTRATIVE OFFICER NORDBY, CITY ATTORNEY FLANDRICK, CITY ENGINEER FRENCH, BUILDING SUPERINTENDENT KALBFLEISCH, PLANNING DIRECTOR CHIVETTA, FINANCE DIRECTOR DUNCAN, ACTING CHIEF OF POLICE ADAMS, CITY TREASURER PUGH AND CITY CLERK BALKUS 00- COUNCILMAN MOREHEAD MOVED THAT THE MINUTES OF MAY I, 1963, MOTION MADE DECEMBER 18, 1963, APRIL 13, 1965, AND APRIL 21, 1965, BE APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN ADA I R SECONDED. Councilwoman Gregory pointed out a typographical error TYPOGRAPHICAL ERROR in the December 18, 1963, minutes on Page 6 the third DEC. 18, 1963 paragraph, the third line, stating that this should read PAGE 6, THIRD PARA- Bloxham" not Morehead". GRAPH THIRD LINE The motion was reworded as follows: MOTION REWORDED 5 COUNCILMAN MOREHEAD MOVED THAT-THE MINUTES OF MAY I, 1963, MINUTES OF MAY I, DECEMBER 18, 1963, APRIL 13, 1965, AND APRIL 21, 1965, 1963, DEC. 18, 1963, BE APPROVED AS CORRECTED AND FURTHER READING BE WAIVED. APRIL 13, 1965, AND COUNCILMAN ADAIR SECONDED. The motion carried by the APRIL 21, 1965, following vote: APPROVED AS CORRECTED AND FURTHER READING AYES: COUNCILMEN MOREHEAD, ADAIR, GREGORY, WAIVED MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- Mr. Bart Parker, President, Baldwin Park Chamber of Commerce, BART PARKER, PRES. stated he would like to make a presentation of a plaque to B.PK. CHAMBER OF Councilman Charles Morehead who had served the City in thepast COMMERCE year as Mayor in a most distinguished and honorable fashion. He read the inscription as follows: PRESENTATION OF PLAQUE TO COUNCILMAN MORE- Charles E. Morehead, Mayor 1964-65. In apprecia- HEALS tion for outstanding services rendered to the City of Baldwin Park. Baldwin Park Chamber of Commerce" Councilman Morehead thanked Mr. Parker stating this was a complete surprise and that this would be a treasured memento. 00-- City Clerk Balkus introduced the new San Gabriel Valley INTRODUCTION OF Tribune Reporter, Judd Smith. SGV TRIBUNE REPORTER JUDD SMITH 00- BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«Regular Meeting of the Baldwin Park City Council May 5, 1965 Page 2 City Attorney Flandrick stated that each member of Council MEMORANDUM FROM CITY had before them a copy of a memorandum dated May 5, 1965, ATTY. RE L.A. ST. relating to the Los Angeles Street Project; that pursuant PROJECT to Council instruction a signed stipulation for judgment had been obtained and a judgment had been entered accordingly concerning Parcel 12-3 owned by Mr. and Mrs. Mickens; that the purpose of the memorandum was to advise the Council of this plus the request for the additional payment of MICKENS $1,829.00 which Finance Director Duncan had placed on a $1,829.00 PAYMENT third warrant resolution for Council consideration subsequent WARRANT RES. TO BE in the meeting. CONSIDERED SUBSEQUENT INTHEMTG. 00- City Attorney Flandrick stated that the second item con- cerned a decision that Building Superintendent Kalbfleisch had rendered on a matter under the Building Code; that it was requested that the Council sit as the Appeal Board authorized by the Building Code later in the evening some- time, after the public hearings, and permit Mr. Zimmerman, the applicant, and his several-,associates to present the problem. 00- City Attorney Flandrick stated the third item concerned a request of the Engineering Department that he concurred with relating to 64-A-I; that Mr. Ivor Lyons had been repeatedly contacted by the Engineering Department; that he could not be found at the moment and the problem was that the assessment diagrams'and asbuilt drawings had not yet been completed; that the City was still holding approxi- mately $5,000.00 as a retention on his fees due for services and the request and the authorization asked for was that the City Engineer be authorized to cause the assessment diagrams and asbuilt drawings to be prepared either by his staff if that is appropriate or by an outside engineering consultant to be selected by him and the cost to be de- frayed by the retention. Councilman McCaron asked if the $5,000.00 retention would cover the balance asbuilt drawings and assessment diagrams). City Engineer French stated he had consulted with thb engineering firm doing the inspection; that their estimate of the work involved did not indicate"that there was enough money in retention to guarantee this work; that the estimates on the asbuilts based upon a rough estimate on time would be between $4,000.00 and $5,000.00 and approximately the same on the cost for assessment diagrams. Councilman McCaron asked if the City would be in a position to try to reclaim the balance of any deficiency from Mr. Lyons. City Attorney Flandrick stated yes and that the effort would be made. COUNCILMAN MCCARON MOVED THAT THE CITY ENGINEER BE ALLOWED TO PROCEED TO ACQUIRE THE NECESSARY DRAWINGS ASSESSMENT DIAGRAMS AND ASBU I LT DRAWINGS 64-A-1). COUNCILMAN MOREHEAD SECONDED. The motion carried by the following vote: APPEAL FROM DECISION OF BLDG. SUPT. COUNCIL TO SIT AS APPEAL BOARD LATER THIS EVENING ZIMMERMAN, APPLICANT RE ASSESSMENT D IAGRAA AND ASBUILT DRAWINGS 64-A- I MOTION MADE AND CARRIED THAT CITY ENGR. BE ALLOWED TO PROCEED TO ACQUIRE NEC. DRAWINGS ASSESS- MENT DIAGRAMS AND AS- AYES: COUNCILMEN MCCARON, MOREHEAD, ADAIR, BUILT DRAWINGS GREGORY AND MAYOR CRITES 64-A-1) NOES NONE ABSENT: NONE 00- BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«Regular Meeting of the Baldwin Park Pity Council City Attorney Flandrick stated at the Council meeting of April 21, 1965, the Council had received a letter from Mr. Donald Britt requesting Council action on a zone change case, Z-102, that had been pending since approximately 1960 or 1961; that at that time he had advised the Council, even though a hearing had been held in 1960 or 1961 before the Planning Commission and City Council, that in view of the passage of time and the membership of the Council had in fact changed that the Council refer the matter to the Planning Commission and initiate as a City-initiated matter this particular matter; that the Planning Commission through the Planning Director had submitted to the Council a memorandum; that he thought the problem was that the Plan- ning Commission did not understand that the Council wished an initiation of this particular zone change matter and therefore to clarify that the staff was recommending that the Council as to case Z-102 initiate as a City-initiated zone change that particular item and direct the Planning Commission to conduct a public hearing and make a recom- mendation'to the Council. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL AS TO CASE Z-102 INITIATE AS A CITY-INITIATED ZONE CHANGE THAT PARTICULAR ITEM AND DIRECT THE PLANNING COMMISSION TO CONDUCT A PUBLIC HEARING AND MAKE A RECOMMENDATION TO THE CITY COUNCIL. COUNCILMAN ADAIR SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, ADAIR, GREGORY, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- City Attorney Flandrick asked for a five minute executive session, perhaps at the end of the Agenda, to discuss a problem in connection with a law suit now pending, G. Vella Construction Co. vs. City of Baldwin Park. May 5, 1965 Page 3 Z-102 DONALD BRITT 2337 MOTION MADE AND CARRIED THAT COUNCIL AS TO Z-102 INITIATE AS A CITY-INITIATED ZONE CHANGE THAT PARTICULAR ITEM AND DIRECT P.C. TO CON- DUCT P.H. AND MAKE A REC. TO CCUNC I L REQUEST FOR EXECUTIVE SESSION RE LAW SUIT NON PENDING G. VELLA CONSTRUCTIOt CO. vs. CITY OF B.PK. 00- City Clerk Balkus presented applications for Temporary Use Permits for fireworks stands as follows: LOTION 1) National Little League, Todds Mkt. Parking Lot 2) Knights of Columbus, B.Pk. SW Cor. Maine & Arrow 3) Baldwin Pk. Lyons Club Food Giant Parking Lot 4) Baldwin Park Service Council Lot E. of 13922 Ramona 5) Baldwin Park Optimist Club SE Cor. Ramona & Francisquito 6) Valley Chapter Order DeMolay SE Cor. Sierra Madre & Clark 7) Amer. Legion #241 local) 47257 N. Maine 8) Baldwin Pk. Kiwanis Club NE Cor. Francisquito & Puente 9) Chosen Det. Marine Corps League, No location given 10) AMVETS Post 113 Duarte address) 13817 E. Los Angeles St. 11) Church Jesus Christ LDS, B.Pk. SE Cor. Francisquito & Vineland 12) to to to No location given La Puente & Rowland Heights) City Attorney Flandrick stated the Municipal Code limited the number of permits to ten 10); that the Chosen Det. Marine Corps League and the Church of Jesus Christ of Latter Day Saints, La Puente and Rowland Heights, did not give a location; that Section 3153 of the Municipal Code required that as a part of the application, that the location of the stand be given; that these two applica- tions, in his opinion, did not meet the qualifications and requirements of the ordinance. Continued) BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«Regular Meeting of the Baldwin Park City Council May 5, 1965 Page 4 COUNCILMAN MOREHEAD MOVED THAT APPLICATIONS I THROUGH 10 MOTION MADE THAT EXCLUSIVE OF 9 BE APPROVED AND THE LICENSE FEE, IF ANY APPLICATIONS 1-10 WAS REQUIRED, BE WAIVED AND SINCE CHOSEN DET. MARINE CORPS EXCL. OF 9 BE LEAGUE DOES NOT SHON A LOCATION TO CONTACT THOSE PEOPLE APPROVED AND L ICENSE BETWEEN NOJI AND THE NEXT COUNCIL. MEETING I F THEY CAN FEE, I F ANY WAS REQ. FURNISH THE LOCATION THE COUNCIL COULD TAKE ACTION ON THAT BE WAIVED ONE AT THAT TIME. Mayor Crites asked if he understood that the location had to be given on their'first application. City Attorney Flandrick stated this was correct; that the ordinance was quite specific. Councilman Morehead amended his motion to EXCLUDE APPLICANT MOTION AMENDED TO NO. 9 AND INCLUDE APPLICANT NO. II, 1 THROUGH II.AND EXCLUDE EXCLUDE APPLICANT APPLICATION NO. 9. COUNCILMAN MCCARON SECONDED. The NO. 9 AND INCLUDE motion carried by the following vote: APPLICANT NO. 11, I II AND EXCLUDE AYES: COUNCILMEN MOREHEAD, MCCARON, ADAIR, APPLICATION 9 GREGORY AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- MOTION CARRIED City Clerk Balkus presented an application for a Temporary TEMPORARY USE PERMIT Use Permit submitted by the Chamber of Commerce for a fire- CHAMBER CF COMMERCE works display at the Baldwin Park High School Football Field, July 4, 1965, from 8:00 to 10:00 p.m. She stated the FIRBNORKS DISPLAY display itself would be handled by the Baldwin'Park Police B.PK. HIGH SCHOOL Department; that insurance coverage would be provided by FOOTBALL FIELD the Chamber of Ccmmerce. JULY 4, 1965 8:00-10:00 P.M. COUNCILMAN MOREHEAD MOVED THAT THE PERMIT BE GRANTED AND WAIVE ALL LICENSE FEES. COUNCILWOMAN GREGORY SECONDED. The motion carried by the following vote: MOTION MADE AND CARRIED THAT PERMIT BE GRANTED AND WAIVE ALL LICENSE FEES AYES: COUNCILMEN MOREHEAD, GREGORY, ADAIR, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- City Clerk Backus presented a claim submitted by Kenneth G. Weir, 4435 Landis Avenue, Baldwin Park. COUNCILMAN MOREHEAD MOVED THAT THE CLAIM BE DENIED AND REFERRED TO THE INSURANCE CARRIER. COUNCILWOMAN GREGORY SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, GREGORY, ADAIR, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- City Clerk Balkus presented a claim submitted by the Department of Water and Power, City of Los Angeles. COUNCILWOMAN GREGORY MOVED THAT THE CLAIM BE DENIED AND REFERRED TO THE INSURANCE CARRIER. COUNCILMAN MOREHEAD SECONDED. The motion carried by the following vote: CLAIM AGAINST CITY KENNETH G. WEIR, 4435 Landis Ave., B.Pk. DENIED AND REFERRED TO INS. CARRIER CLAIM AGAINST CITY DEPT. CF WATER AND POKER, CITY OF L.A. DENIED AND REFERRED TO INS. CARRIER Continued) BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«Regular Meeting of the Ba i dwi n; Park City Council May 5, 1965 2~.. AYES: COUNCILMEN GRF,GORY, MOREHEAD, ADAIR, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- City Clerk Balkus read Resolution No. 65-75 by title as follows: RESOLUTION NO. 65-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING A MEMBER OF SAID COUNCIL OF SAID CITY TO CITY SELECT!ON COMMITTEE PURSUANT TO PART 3 OF DIVISION 10 OF THE'PUBLIC UTILITIES CODE AND REPEALING RES. NO. 64-194" In Section I Mayor Crites name was entered as the member selected effective May 5, 1965. rage 5 RES. NO. 65-75 APPOINTING MEMBER OF SAID COUNCIL OF SAID CITY SELECTION COMMITTEE PURSUANT TO PART 3 OF DIVISION 10 OF PUBLIC UTILITIES CODE AND REPEALING RES. NO. 64-194 MAYOR CRITES MEMBER EFFECTIVE MAY 5, 1965 COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-75 BE RES. NO. 65-75 APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN ADAIR ADOPTED SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, ADAIR, GREGORY, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- City Clerk Balkus read Resolution No. 65-78 by title as RES. NO. 65-78 follows: APPOINTING PAT MCGONAN TO BZA RESOLUTION NO. 65-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING PAT MCGONAN TO THE BQARD CF ZONING ADJUSTMENTS" I In Section 2 the effective date was entered as May 5, 1965. COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-78 BE RES. NO. 65-78 APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN ADAIR ADOPTED SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, ADAIR, GREGORY, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- Regarding the report on the appraisal, Lot Split No. 625, L.S. NO. 625 Chief Administrative Officer Nordby requested that-this item be REPORT ON APPRAISAL withheld; that he did have the appraisal report and would ITEM WITHHELD like to reveal the figure in executive session. FIGURE TO BE REVEALED IN EXECUTIVE SESSION City Attorney Flandrick this would be proper; that this was a matter of potential litigation. There were no objections. BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«2340 Regular Meeting of the Baldwin Park Cit-y Council CitycEngineer French reviewed his report regarding the request of $40,000.00 of County Aid to Cities money for the improvement of Maine Avenue stating that the budgeting of this money, to be approved by the Board of Supervisors, would allow action to be started for the acquisition of right-of-sway along Maine Avenue from Los Angeles Street to Arrow Highway. City Engineer French read Resolution No. 65-79 by title as follows: RESOLUTION NO. 65-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAI.nW I N P.1 R'~QU ST I NG PARTICIPATION L AN'.E•_ES COUNTY ROAD DEiP;',RT'fm1FNT IN THE IMPROVE- MENT OF MAINE AVENUE BETWEEN LOS ANGELES STREET AND ARROW HIGHWAY" COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-79 BE APPROVED AND FURTHER READING BE WAIVED, COUNCILWOMAN GREGORY SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, GREGORY, ADAIR, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- City Engineer French reviewed his report regarding the request of $40,000.00 of County Aid to Cities money for the improvement of Baldwin Park Boulevard stating this would allow acquisition proceedings to be started for the right-of-way if approved by the Council and the County of Los Angeles. City Engineer French read Resolution No. 65-80 by title as follows: RESOLUTION NO. 65-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REQUESTING PARTICIPATION BY THE LOS ANGELES COUNTY ROAD DEPARTMENT IN THE IMPROVE- MENT OF BALDWIN PARK BOULEVARD BETWEEN MERCK AVENUE AND RAMONA BOULEVARD" COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-80 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN ADAIR SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, AD,AiR, GREGORY, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- City Engineer French reviewed his report on engineering services for the proposed vehicle parking district south of Ramona Boulevard stating that the three firms that submitted proposals were Lampman and Associates Ltd., W. J. Lockman Civil Engineer, and Walsh-Forkert-Hutchi- son Civil Engineers, Inc.; that they were all wiILin; to enter a contract with the City to provide the services necessary for the formation of the district with a condi- tion in the contract that they be paid for their services upon formation of the district with a condition in the con- tract that they be paid for their services upon formation of the district; that if the district was not formed there would be no compensation to the firms; Continued) May 5, 1965 Page 6 REQ. OF $40,000.00 CO. AID TO CITIES MONEY FOR IMPROVE- MENT OF MAINE AVE. RES. NO. 65-79 REQ. PARTICIPATION BY L.A. CO. RD. DEPT. I N I MPROV EMENT OF MAINE AVE. BETWEEN L.A. ST. AND ARROW HIGHWAY RES. NO. 65-79 ADOPTED REQ. OF $40,000.00 CO. AID TO CITIES MONEY FOR IMPROVE- MENT OF MAINE AVE. RES. NO. 65-80 REQ. PARTICIPATION BY L.A. CO. RD. DEPT. IN IMPROVEMENT OF 0,.P K. BLVD. BETWEEN MERCED AVE. AND RAMONA BLVD. RES. NO. 65-80 ADOPTED REPORT ON ENGR. SERVICES FOR PRO- POSED VEHICLE PARKING DISTRICT SOUTH OF RAMONA BLVD. BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«Regular Meeting of the Baldwin Park City Council May 5, 1965 2 1 1 Page 7 I that all three were excellent firms and it was recommended that the Council determine the firm of their choice. COUNCILMAN MOREHEAD MOVED THAT LAMPMAN AND ASSOCIATES LTD. MOTION MADE AND Cl CHOSE MR. LAWMAN BY PROCESS OF ELIMINATION IN ORDER CARRIED THAT LAMPMAN TO CHOOSE ONE OF THE THREE) THAT THIS CITY ENTER INTO THE AND ASSOCIATES LTD. SUBJECT AGREEMENT IN ACCORDANCE WITH HIS LETTER DATED I CHOSE MR. LAMPMAN APRIL 15, 1965, AND AUTHORIZE THE NECESSARY OFFICIALS BY PROCESS OF ELIMIN TO EXECUTE. COUNCILWOMAN GREGORY SECONDED. The motion T I ON I N ORDER TO CH(I carried by the following vote: ONE OF THE THREE) THI THIS CITY ENTER NTO AYES: COUNCILMEN MOREHEAD, GREGORY, ADAIR, THE SUBJECT ACRE MEN1 MCCARON AND MAYOR CRITES IN ACCORDANCE WITH NOES: NONE HIS LETTER DATED APRI ABSENT: NONE 15, 1965, AND AUTH. NEC. OFFICIALS TO In answer to a question by Councilman McCaron, City Engineer EXECUTE French stated the fees would be in accordance with the recommended fees as established by the American Society of Civil Engineers. Councilman McCaron commented that the people involved in the district should be notified that Lampman and Associates had been selected. COUNCILMAN MOREHEAD MOVED THAT THE PEOPLE INVOLVED IN THE MOTION MADE AND DISTRICT BE NOTIFIED THAT LAMPMAN AND ASSOCIATES WAS CARRIED THAT PEOPLE INSTRUCTED TO PROCEED SO THAT I F ANY OBJECTION AROSE-ON INVOLVED I N DISTRICT PROCEEDING THAT THE MATTER COULD BE HANDLED ACCORDINGLY. BE NOTIFIED THAT COUNCILMAN ADAIR SECONDED. The motion carried by the LAMPMAN AND ASSOCIATE: following vote: WAS INSTRUCTED TO AYES: COUNCILMEN MOREHEAD, ADAIR, GREGORY, PROCEED SO THAT IF MCCARON AND MAYOR CRIT ES ANY OBJECTION AROSE ON PROCEEDING THAT NOES: NONE THE MATTER COULD BE ABSENT: NONE HANDLED ACCORDINGLY 00- i City Engineer French stated that the Council had instructed REPORT RE NEGOTIA- him to attempt to obtain a long term beautification lease TIONS FOR LONG TERM with Pacific Electric for Ramona Boulevard between Pacific BEAUTIFICATION LEASE and Harlan; that he had received as answer from Pacific WITH P.E. Electric this date which he read. Letter in official files). Discussion followed that $50,000.00 for beautification was not a small amount of money; that this letter indicated a blanket refusal for a long term lease for the purpose of beautification; that Nichols Lumber was now leasing from Pacific Electric on a month to month basis. Mrs. Marianne Johnson, 3825 North Foster, Baldwin Park, MRS. MARIANNE JOHN- stated she had spent three years negotiating the first SON, 3825 N. Foster, beautification lease; that she would be glad to give B.Pk. the Council any information they wished that she might have on this matter. 00- City Clerk Balkus announced that the hour of 8:00 p.m. PUBLIC HEARING having arrived that it was the time and place fixed 8:00 P.M. for a public hearing on the proposed Changes in the Work for Assessment District No. 64-A-1 as set forth PROPOSED CHANGES IN in Resolution No. 65-55. WORK FOR 64-A-1 AS SET FORTH IN RES. NO. 65-55 City Clerk Balkus stated that proper publication had been accomplished. PUBLICATION Continued) BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«Regular Meeting of the Baldwin Park City Council May 5, 1965 2342 Page 8 City Engineer French stated he had a letter of consent from the contractor; that the changes for the elimination of the one manhole and the 300 feet of main line sewer was a request of one hundred percent 100%) of the property owners who would be served by this line; that the request to replace a manhole with 1/16 bend pipe was a request by the Los Angeles County Sanitation District; that the County Sanitation District had already furnished the pipe for this change. City Clerk Balkus administered the Oath to those in the audience desiring to be heard during the meeting. TESTIMONY IN BEHALF OF THE PROPOSED CHANGES WAS CALLED FOR BY MAYOR CRITES. Mr. Virgil Hamilton, 3771 Holly Street, Baldwin Park, stated he was a merchant in this district at 14332 East Ramona Boulevard; that he rented a building from Mr. Jessup; that Mr. Jessup was unable to attend the meeting but was in favor of the change; that their restrooms were in the back of the store; that if the sewers were put in Ramona they would have to dig up the middle of the floor to hook up; that Mr. Jessup signed a letter requesting that this sewer be changed and asked him Mr. Hamilton) to speak for him this evening. OATH ADMI N 1 ST f_F'= BY CITY CLERK TESTIMONY I N BEHALF VIRGIL HAMILTON, 3771 Holly St., B.Pk. Merchant at 14332 E. Ramona Blvd. MR. JESSUP ONNER Mr. Merwin Heth, owner of Heth Hardware, 14348 Ramona MERNIN HETH, OWNER, Boulevard, Baldwin Park; stated that he had:talked with allcf HETH HARDWARE, 14348 the property owners involved) on Ramona Boulevard and Ramona Blvd. they indicated that it should be requested that the sewer line be brought up back of their stores; that it would be quite an expense to bring the sewer line through the stores to hook up; that it meant almost closing up business for a week and was not very feasible. Mr. Chris Kappas, 14142 Calais, Baldwin Park, stated he CHRIS KAPPAS, 14142 was for the change; that he had a piece of property Calais.. B.Pk. on Pacific that did not even get a sewer line; that all of his lines were setting within fifty 50) feet of Pacific; that his store had almost been shut down for a week now and if the sewer lines had to go through the store buildings it would shut him down just that much more. Mr. Richard Wallingford, 14342 E. Ramona Boulevard, Baldwin RICHARD WALL I NGFORD, Park, owner of Wallingford Bicycle and Hardware Store, ONNER, WALLINGFORD stated he agreed with the rest of them; that they would BICYCLE AND HARDWARE very much like to have the line at the rear for the simple STORE, 14342 E. reason that they would have to go over one hundred 100) Ramona Blvd., B.Pk. feet through the store; that the outlet was already at the back of the property. Mr. Sam Sidner, 4342 North Maine, Baldwin Park, stated SAM SIDNER, 4342 he owned two pieces of property on Ramona Boulevard at N. Maine, B.Pk. 14322 and 14324; that he wanted the sewers to go to the back entrance because the connections would be best through the back way; that the store would have to be dug up if the line went through the front; that he had been thirty-one 31) years in Baldwin Park and he wanted to see the town grow. Councilman McCaron asked about the necessary right-of-way to the rear of the property and if time would allow this to be done in order that it could be included with the work being done at the present time. City Engineer French stated without giving the contractor an extension of time or having him to agree to an extension of time eliminated the possibility of getting this included within the present construction; that at one time the Continued) BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.Å Í«Regular Meeting of the Baldwin Park City Council May 5, 1965 Page 9 I property owners expressed an opinion that they had a way of getting easements to serve their property which included going out to Maine Avenue which put the construction out- side of the district, which could not be done; that at one time the property owners had indicated they could not get the necessary easements to allow the line to go out to Pacific. Councilman McCaron asked if it was possible to form a separate district and how the property owners felt about a separate district. Mr. Chris Kappas stated if I was to donate the ground to CHRIS KAPPAS run to Pacific to get in, which would give all of the rest of the property owners access, the only thing they would need would be the sewer running across the back end there. I have a portion back there that is strictly a pie slice. We've worked it out and I think with the parking district going through it will probably consume it anyway." City Engineer French stated there was still time; that the project was reaching completion; that in this particular project the contractor must finance himself; that he had more or less indicated that he did not want anything that was going to hold up time; that it took approximately one hundred twenty I20) days to receive all of the title reports on the first section of this district; that if the line went through this area the City would still have to receive title reports, still have to get easements, prepare plans, a hearing to go through and the contractor to agree to the change; that with the legal problems involved he did not believe this could be included in the district without delaying the contractor. In answer to a question by Mayor Crites, City Engineer French stated if the line went to Pacific and Loray it would still be in the district. City Engineer French stated further, that they could form their own district if they desired; that if they would get together they could have their own contractor construct the sewer as a cash contract among themselves; that the Department would prepare the sewer plans for them if they desired to accomplish this themselves. Mr. Virgil Hamilton stated he had talked with all of the VIRGIL HAMILTON property owners included in this change; that they had all agreed one hundred percent 100%) to put the sewer in the back of the stores; that he did not think there was any problem; that regarding the easement papers he thought he could get the papers within forty-eight 48) hours; that there was no problem as far as the property owners were concerned; that Mr. Kappas agreed to let the line go over his property to hook on to Pacific; that whichever was the most feasible and cheapest was what the property owners wanted; that his landlord Mr. Jessup wanted the line to go in the back of the store; that if the original contractor would want to do it or if the property owners wanted to form their district he was sure it could be handled within the completion date for the entire City; that he would be glad to carry any petition or any legal papers that would be required to be signed by the property owners. Councilman McCaron asked if he would be willing to have a separate district set up in case time became of the essence in this case. Mr. Virgil Hamilton stated yes if it did not involve too much time; that he could not speak for all of the property owners as to which way they would want to go. Continued) BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.Å Í«4 Regular Meeting of the Baldwin Park City council Councilman Morehead asked in view of the City Engineer's statements and from the legal aspect of this situation and from what the property owners had indicated that they wanted the sewers behind their buildings, was it possible legally to obtain title reports and the.necessary vouchers to include them into this current district. City Attorney Flandrick stated it was possible but, in his opinion, very unlikely because the contractor was now under a full head of steam and 14 his complete system was changed for thisbne line it might delay the entire district; that it seemed to him the property owners in- voived'would be much better advised to either set up a separate district, which would be time consuming, or the cash contract basis; that one day delay in the district delayed the entire district, delayed the con- firmati'on of assessment, delayed the payment to the con- tractor and thus potentially could increase costs. Councilman McCaron stated if the front line were deleted at the present time and they bogged down in reaching an agreement among themselves coi d the City initiate a separate district for that particular line. City Attorney Flandrick stated yes, that a petition could be given to them to circu!ate to property owners for the formation of a second di;t~ict; that M('. French could give them a pretty accur.ite c st estimate of construction so that they could consider i; in terms of a cash contract which would be much faster. Mr. Merwi n Heth stated when the letter was ci rcu aced asking to withdraw and be put on an a,.reage basis, the sales pitch to get the letters signed was if they could get their own contractor and have him come up to the back of the stores and hook up at the same time this would be cheaper. May 5, 1965 Page 10 As there was no one else in the audience desiring to speak PUBLIC HEARING either in beha!f of or in opposition to the proposed DECLARED CLOSED changes in the work for Assessment Di st rri ct 64-"N-I, Mayor Crites declared the public hearing closed. PROPOSED CHANGES 64-A-1 Councilman Morehead asked in the event this change Item 2) was approved by the Council and prior to the time that the property owners could obtain proper sanitation facilities in the rear of their property what woi:ld be the procedure if one or more kwo:_: I d need new facilities. City Engineer French stated this would come under the Building Department but he believed that in this particular case it would have to be ruled that sewers were not available and this would allow them to put in a cesspool. Councilman Morehead asked if the changes were approved would this property be excluded from any assessment at all even on an acreage basis. City Engineer French stated no that It would be assessed on an acreage basis. COUNCILMAN MOREHEAD MOVED THAT ITEMS I AND 2 AS SET FORTH MOTION MADE AND IN RESOLUTION NO. 65-55 BE APPRGVED. COUNCILMAN MCCARON CARRIED THAT ITEMS SECONDED. The motion carried by the following vote: I AND 2 AS SET FORTH IN RES. NO. 65-55 AYES: CCUNCILMEN MOREHEAD, MCCARON, ADAIR, BE APPROVED GREGORY AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.Å Í«I Regular Meeting of the Baldwin Park City Council City Clerk Balkus announced that it was the time and place fixed for a public hearing on a proposed Vacation of a portion of Badillo Street. City Clerk Balkus stated that proper publication, postings and mailings had been accomplished. City Attorney Flandrick stated that the purpose of the hearing was to determine whether this particular portion of Badillo Street was necessary for present or prospective street purposes; that the staff had recommended the con- sideration by the Council of the vacation of this area of Badillo, TESTIMONY IN BEHALF OF THE PROPOSED VACATION WAS CALLED FOR BY MAYOR CRITES. Mr. Sam Zimmerman, owner of property adjacent to a portion of this area in which the vacation was requested, stated the portion of the old Pacific Electric right-of-way which was purchased by the County some time ago for the improve- ment of Badillo Street through the area was the source of this land; that the realignment of Badillo Street was such that there was approximately a fifty 50) foot area that runs the distance of the property that he owned a distance of approximately four hundred 400) feet; that they were attempting to improve that property and would like this area in front vacated so that it could be improved; that he had a title report from Security Title Company and even though the City of Baldwin Park vacated this parcel it then went back to Los Angeles County inasmuch as the title was vested in them for that area; that there had been some discussion with the County; that the background was that there was about six months to one year's negotia- tion with the County after the City stepped aside; that they would be glad to file the title report in case there was any questions concerning the property. City Attorney Flandrick commented that the staff recommenda- tion was that this be vacated for the reason that it was not needed for either future or prospective street purposes due to the realignment of Badillo Street. As there was no one else in the audience desiring to speak either in behalf of or in opposition to the proposed vacation, Mayor Crites declared the public hearing closed. City Attorney Flandrick read Resolution No. 65-76 by title as follows: RESOLUTION NO. 65-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDERING THE VACATION OF PORTIONS OF BADILLO STREET IN THE CITY OF BALDWIN PARK" COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-76 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN ADAIR SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, ADAIR, GREGORY, MCCARON AND MAYOR CRITES NOES NONE ABSENT: NONE May 5, 1965 Page I I PUBLIC HEARING VACATION PORTION OF BADILLO ST. PUBLICATION, POSTING` MAILINGS TESTIMONY IN BEHALF SAM ZIMMERMAN, ONNER OF PROPERTY ADJ. TO THIS AREA PUBLIC HEARING DECLARED CLOSED RES. NO. 65-76 ORDERING VACATION CF PORTIONS CF BADILLO ST. IN CITY OF B.PK. RES. NO. 65-76 ADOPTED 5 BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.Å 1965 05 05 CC MINHÄ—@¸—.Å Í«Regular Meeting of the Baldwin Park City Council 2347 May 5, 1965 Page 13 as this was. He called on Mr. McDonald, Engineer of the Project, stating Mr. McDonald was a graduate of Cal Tech, and had been a Licensed Civil Engineer in California since 1949. I Mr. Matthew McDonald, 215 West Las Tunas, San Gabriel, MATTHEW MCDONALD, stated he had had his own practice for fifteen years 215 W. Las Tunas, and secured permits for probably over 1,000 buildings S. Gab. of this general nature; that occasionally they did run into these problems; that they tried to look at it in such a way as to follow the intent of the Code which was there to protect everybody, present owners, tenants and future owners; that they were not trying to dodge the problem they were trying to come up with a solution; that fire zones of cities came in three varieties, 1, 2 and 3;-that No. I was usually the downtown more hazardous conjested areas, No. 3 were the outlying areas that were residential and Fire Zone No. 2 were the areas in between where conjestion started to build up so the Building Code was written to have more restrictions in Fire Zones I and 2 than in No. 3; that these things which had been brought out were very clearly stated in the Code; that on the plot plan was shown six large buildings stsbdividtd into smaller ones in each case bringing them under the 2500 foot area; that they could scatter the whole parcel with 2500 foot buildings as long as they were twenty 20) feet apart and they would be perfectly legal under Mr. Kalblfeisch's interpretation; that to scatter little buildings on a valuable piece of ground was not the way one would want to develop; that industrial buildings brought in revenue whereas houses would cost the City money because houses did not pay their own way in sending children to school; that instead of having many small buildings to meet the Code they were proposing these buildings to be built as one unit subdivided with fire separation walls; that they thought their Interpre- tation was quite logical; that Mr. Kalbfleisch had a letter from the Fire Prevention Bureau of the County and also an interpretation from the International Conference of Building Officials whom he had also talked with; that the City of Baldwin Park was now operated under the 1961 Uniform Building Cede; that there was a 1964 Uniform Building Code that had been adopted and passed by the International Conference of Building Officials and adopted by many other cities and in it there was no such restriction that was now having to be imposed on them; that they could build the building in Fire Zone No. 2 under the 1964 Code, Type 4 Building, F-2 Occupancy, without the 2500 square foot limitation; that the ICBO had seen fit to upgrade their Code to not have the problem that they were faced with; that this section was written actually to permit a steel gas station to be built on property in Fire Zone No. I and 2; that to go to the comments made in the letter by the Fire Prevention Bureau about the spreading of fire in limiting the size of the buildings; that if several 2500 foot buildings were located twenty 20) feet apart, which was what had been asked of them, he thought there would be far more hazard for exposure by having space between buildings where junk, trash, automobiles and even outside work could be done adjacent to a metal wall; that in the contract it would be proposed where the structure was fifty 50) feet long and one hundred twenty 120) feet long separated into sections not over 2500 feet with a fire wall between; that that fire wall served as a definite fire barrier between occupancies whereas twenty 20) foot of space not necessarily would provide the same kind of insurance to exposure of a fire from either inside or outside of one of these occupied areas; that he Would like to close his remarks by saying that the 1964 Code which the City would probably adopt in the near future would not call for restrictions that they were forced to listen to and that he thought that that they had solved the intent of the ordinance. He read Section 2103a of Chapter 21 of the 1964 Uniform Building Code. exception-#2) Continued) BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«Regular Meeting of the Baldwin Park City Council May 5, 1965 Page 14 Mr. Jack Smith stated for a matter of record that he was not here for the State Fire Marshal,; that he wq*,here as a citizen for Mr. Zimmerman and Mr. Doipney;. that most of the points had been taken care of; that he would like to take exception to a paragraph from Mr. Dutton's letter; that he should rephrase that, that he did not want to't,ake exception to it he agreed with it entirely but the letter itself did not completely cover the;subJect; that in the second paragraph of Mr. Dutton's letter of May 5, 1965, it was his opinion that the regulation specifically limits the size of unprotected Type IV buildings to 2500 square feet; that they did not argue this point whatsoever; that the point they argue was done every day in every city in the State of California and in all states where the Uniform Building Code was used was the manner of separation of area which came under every type of building except one which was Type I construction which had no limitation; that in other words unless a Type I building was built the area was Limited depending upon the occupancy that was put in the building; that their contention was that in reading the Section, Separation of Areas,. the very first sentence in the paragraph For the purpose of this Section each portion of the building separated by one or more continuous fire resistive walls extending from the foundation to the roof at all points may be considered as a separate building"; that their contention was that there was separate buildings within this complex each one having 2500 square feet or less thereby complying in full with the intent of the regulation; that this was not pointed out in Mr. Dutton's letter; that the area separation wall was done every day in buildings throughout the State particularly in school occupancies. Mr. Zinmerman asked Mr. Smith if it was his position,that the one hour wall was not required by the layout on the plot plan. Mr. Smith stated that was right; that with the plot shown the buildings would be exempt from the one hour require- ment because of the setbacks that have been provided. Mr. Zimmerman asked Mr. Smith if, in his opinion, were the buildings as they~were designed legal and proper under the 1961 Uniform Building Code. Mr. Smith stated for the occupancy as stipulated he would say yes that it met the intent of the 1961 Uniform Building Code with the separation wails provided. Councilman Morehead stated as a point of order he did not- think the Council should let these people conduct the meeting in this fashion and demanded proper protocol. Mr. Zimmerman stated he certainly apologized if he usurped any authority; that he understood the question was were there any questions to be asked of Mr. Smith; that if he had misinterpreted or if it was the protocol here that he then secure permission he certainly would do so; that he hoped that they had not usurped any authority of arty:-kind;that their only intent was to present to the Council their side of the question involved. Councilman McCaron asked if there was anything in the Code that would allow a separation wall to start with. Mr. Smith stated yes that the Code did permit a separation wall, in fact it required a separation wall when you get to a point of over area for the type of construction and the occupancy involved; that Section 505c of the Uniform Building..Code entitled Separation of Areas sets forth the type of separation you must have for the type of construction, the permissible opening protection and the amount of openings you must have in such separation wall. Continued) BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«Regular Meeting of the Baldwin Park C i t y Cou nc i Councilman McCaron asked whaf fire resistive.lrequirement was put on a separation wall. May 5, Page 15 1965 I Mr. Smith stated in the case of,Type IV and V would be two hour fire resistive construction as a separation wall; that when you get into better type construction I, 11 and I I I which were concrete and steel then you have a four hour area separation wall. Councilman McCaron asked what type. of wall was a two hour separation wall. Mr. Smith stated there were some two hundred ways of making a two hour separation wall. Councilman McCaron asked what type of wall was intended to be put in. Mr. Smith stated to Stay with Typo 1V construction it would be an incombustible, steel studs with one inch of neat wood fibre gypsum on each side of the studs. Building Superintendent Kalbf.leisch stated he believed when Mr. McDonald read Section 2103 of the 1964 Uniform Build- ing Code he omitted Section I which he then read); that he would also like to refer to Page 3 of his drawing on the board; that on Page 3 there was a proposal for one fire wall only two hour); that the.building was approximately 7200 square feet; that the balance of. the area states for future fire wall partitions that he did not believe there was any intent to divide them in 2500 square feet at all; that then they would come later on to the City,-Council and request use of the building under an occupancy more than the 2500 square feet. Mr. Downey came up to the plot plan and stated this was the typical unit only; that everything was made in typical; that it would be impossible to put people in the buildings if they were illegal because a Certificate of Occupancy was required. Councilman McCaron asked Mr. Kalbfleisch if the presentation submitted still met with his interpretation of the.Code. Building Superintendent Kabtfleisch stated even under the 1964 Uniform Building Code he could not interpret it the way it was being requested; that even the Conference itself would not interpret it this way; that we" interpret this Code as requiring a complete ten 10) foot separation, open area, between the property line or assimilated property line and the 2500 square feet in area; that the separation wall stated future and he could not give a final on any of the buildings until such time as this was completed; that it would require one hour exterior walls on the building because the building was more than 2500 square feet in area; that the building itself was the whole building; that there was no such thing as partial buildings with separation walls; that this was for area separation only; that it specifically stated at the heading of the section, area separation only. Mr. Zimmerman stated Mr. Kalbffeisch had not changed his position from the time he had originally sopken to him; that in talking to his structural engineer he had told him that this was not the right interpretation; that he had gone to the person he thought would be the person throughout the State that would be the best authority on this; that he was recommended to him-by several engineers; that he was actually recommended to him by the Chief Engineer of the State Engineering Department of the Division of Architecture in the Sacra- mento Office; that he was referred secondly through his Continued) BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«Regular Meeting of the Baldwin'Park City Council recommendation about Mr. Smith down to Mr. Harter who was in charge of the Los Angeles Office of the Engineering Department of the State Division of Architecture; that they had brought this man here tonight at considerable expense, for the purpose of interpreting this Code; that he hoped that the Council would consider his opin-ion; that he thought this was one of the best experts they could get and bring him here; that they had available a representative of the steel building people who if the Council would care to have any of the materials described would be very glad to describe' them; that he thought it was also his turn to feel a little resentment; that he held a general contractor9s license and knew a little about plans; that it was standard procedure to put typical detail on your plans; that it was not standard procedure on plans to fill in every single one of such walls on your drawings; that it was a standard rule of drafting that you put a detail only once on the.plans; and.that to have an effort made here to say that these plans were misleading and not standard was, he thought, almost a breach of good faith; that he certainly felt that this was not what they had tried to present here tonight; that they had brought qualified men, engineers; that they had brought the man who had the greatest responsibility of any single man in the State of California, Mr. Smith, who has the responsibility of passing on the fire problems of every single school in this State; and if to have somebody who-.would attempt to mislead and deviate from what was standard practice plans, may we say not to consider this; that it had been misrepresented to you" he thought, and it did not show very much depth. Councilman McCaron asked Mr. Zimmerman if he understood what Mr. Kalbfleisch had explained as the last portion of his explanation. He stated Mr. Kalbfleisch was speaking of area separation rather than wall separation within the building. Mr. Zimmerman stated his understanding as we had come around was that we had come around the full circle; that Mr. Kalbifeisch's contention was that if these buildings were over 2500 square foot they would require one hour fire wall on each of the four walls; that secondly to have a fire wail a two hour wall) separating portions of the building did not under the Code, make these in effect three separate buildings under one roof; that this, of course, was in direct contradiction to Mr. Smith's testimony. May 5, 1965 Page 16 As there were no objections from the Council, Mayor Crites DISCUSSION DECLARED declared the discussion closed and called for the action CLOSED on the subject matter. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL CONCUR MOTION MADE THAT WITH THE BUILDING SUPERINTENDENT'S,OF THE CITY OF BALDWIN COUNCIL CONCUR WITH PARK, INTERPRETATION ALONG WITH OTHER PROFESSIONALS THAT BLDG. SUPT'S OF HE HAS INVITED TO RENDER THEIR INTERPRETATION OF ARTICLE CITY OF B.PK. INTER- 1603A, EXCEPTIONS OF 1961 EDITION OF UNIFORM BUILDING PRETATION ALONG WITH CODE. COUNCILMAN ADAIR SECONDED. OTHER PROFESSIONALS THAT HE HAS INVITED Councilwoman Gregory stated there had been a lot of testimony TO RENDER THEIR on both sides; that this was received a little late to give INTERPRETATION OF it full consideration; that she viould hope that the motion ARTICLE 1603a, EXCEP- and second would be rescinded and that the Council take TIONS OF 1961 EDITION this under submission; that she thought the Council should OF UNIFORM BLDG. CCO E study this matter. Councilman McCaron stated that possibly the point should be clarified as to whether or not the separation wall was not allowable; that he presumed Mr. Kalbfleisoh had already investigated that point otherwise he would not have made the statement he made. Councilman McCaron asked the City Attorney if he had any--comments. Continued) BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«2351 Regular Meeting of the Baldwin Park City Council May 5, 1965 Page 17 City Attorney Flandrick stated no. Councilman Morehead stated if there was no further question he requested a roll call. The motion carried by the following vote: MOTION CARR I ED AYES: COUNCILMEN MOREHEAD, AQAIR, MCCARON AND MAYOR CRITES NOES: COUNCILWOMAN GREGORY ABSENT: NONE City Attorney Flandrick stated the effect of the motion DETERMINATION AND as carried by a four to one vote was to sustain the determina- INTERPRETATION OF tion and interpretation of Building Superintendent Kalbfleisch BLDG. SUPT; KALB- as set forth in his comments this evening. FLEISCH SUSTAINED 00- I City Engineer French reviewed his report regarding the REPORT BY CITY ENGR. design of Baldwin Park Boulevard north of Merced Avenue RE DESIGN OF B.PK. stating that the City had received approval for the BLVD. NORTH OF expenditure of State Gas Tax Funds by the State Division MERCED AVE. of Highways; that to initiate this program and start de- sign so that the five year program adopted by the Council could be met he desired to recommend the engagement of an engineering firm to prepare the necessary studies and design; that he had received proposals for professional services from four very excellent engineering firms; that he had enclosed their proposals to the Council;. that he recommended that the City appoint Lampman and Associates to prepare the design; that the main reason was that they were the only firm that had a full time City Planner on their staff who could work with the City Planning Department and the City Engineering Department to prepare a planning study for the core area on the proper development of Baldwin Park Boulevard as it led into the downtown area and also the effect that this would have; that because of this he had recommended that Lampman and Associates be hired and that a central plan be adopted before final plans were prepared for the development of Baldwin Park Boulevard. REC. LAMPMAN AND ASSOC. BE HIRED AND THAT CENTRAL PLAN BE ADOPTED BEFORE FINAL PLANS PREPARED FOR DEVELOPMENT OF B.PK. BLVD. COUNCILWOMAN GREGORY MOVED THAT THE CITY COUNCIL CONCUR MOTION MADE AND WITH THE RECOMMENDATION OF THE CITY ENGINEER AND INSTRUCT CARRIED THAT COUNCIL THE CITY ATTORNEY TO PREPARE THE AGREEMENT. COUNCILMAN CONCUR WITH REC. MOREHEAD SECONDED. The motion carried by the following OF CITY ENGR. AND vote: INSTRUCT CITY ATTY. TO PREPARE AGREEMENT AYES: COUNCILMEN GREGORY, MOREHEAD, ADAIR, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- City Engineer French reviewed his report on the meeting between the State Division of Highways and the City in regard to the relinquishment program adjacent to the San Bernardino Freeway and the Puente relinquishment. He stated if the Council concurred with the report negotia- tions could be started with the State which would provide the proper drainage facilities for the Francisquito under- pass and the landscaping of the overpasses and the under- passes. REPORT BY CITY ENGR. RE MTG. BETWEEN STATE DIVISION OF HIGHWAYS AND CITY RE RELINQUIS MENT PROGRAM ADJ. TO SAN BERN. FREEWAY AND PUENTE RELINQUISH MENT Continued) BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«Z352 Regular Meeting of the Baldwin Park City Council May 5, 1965 Page 18 COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL CONCUR MOTION MADE AND WITH THE REPORT AND THAT NEGOTIATIONS BE STARTED WITH THE CARRIED THAT COUNCIL STATE TO PROVIDE THE PROPER DRAINAGE FACILITIES FOR THE CONCUR WITH REPORT FRANCISQUITO UNDERPASS AND THE LANDSCAPING OF THE OVER- AND THAT NEGOTIATIONS PASSES AND THE UNDERPASSES. COUNCILMAN ADAIR SECONDED. BE STARTED WITH STATE The motion carried by the following vote: TO PROVIDE PROPER DRAINAGE FACILITIES AYES: COUNCILMEN MOREHEAD, ADAIR, GREGORY, FOR FRANCISQUITO MCCARON AND MAYOR CRITES UNDERPASS AND LAND- NOES: NONE SCAPING OF OVER- ABSENT: NONE PASSES AND UNDERPASSE 00- City Engineer French placed on the wall a colored map PUENTE-ROOT of the Puente-Root intersection and stated he was requesting INTERSECTION the City Council to approve the City staff entering an agreement with the property owner on the corner of Puente and Chetney Drive for the acquisition of the necessary ACQ. OF NECESSARY property to provide four traffic lanes on the Puente- PROP. TO PROVIDE Root intersection; that the City would provide the necessary FOUR TRAFFIC LANES construction to protect the substantial property right ON PUENTE-ROOT iNTER- of the property owner and pay them the cost of land in SECTION accordance with the appraiser hired by the City to make an appraisal of fair market value of the land; that this could be done without going to condemnation, he was sure, by friendly negotiation; that he would like the Council to instruct to get an agreement with the property owners and have the City Attorney prepare an agreement in accordance with the plan which would be to include a retaining wall to protect the property, a fence on top of the retaining wall to replace the fence that would be removed due to con- struction by construction of curbs and g-iii-ars, and payment to the property owner of the fair market vai,.,e of the land which takes into consideration the construction. COUNCILMAN MOREHEAD MOVED THAT THE CITY ATTORNEY BE IN- STRUCTED TO PREPARE AN AGREEMENT IN ACCORDANCE WITH THE PLAN WHICH WOULD BE TO INCLUDE A RETAINING W.\L L TO PROTECT THE PROPERTY, A FENCE ON TOP OF THE RETA NI NG WALL TO REPLACE THE FENCE THAT WOULD BE REMOVED DUE 10 CONSTRUCTION BY CONSTRUCTION OF CURBS AND GUT.`ERS, AND PAYMENT TO THE PROPERTY 03NER OF THE FAIR MARKET VALUE OF THE LAND WHICH TAKES INTO CONSIDERATION THE CONSTRUCTION. COUNCILWOMAN GREGORY SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, GREGORY, ADAIR, MCCARON AND MAYOR CRITES NOES NONE ABSENT: NONE Councilman McCaron asked if he was correct in that where there was the curb and the retaining wall there was no sidewalk. City Engineer French stated there would not be room for a sidewalk in that area. Councilman McCaron asked if this would allow for the full width of the traffic lanes. City Engineer French stated there would be a restriction on parking to accomplish this. MOTION MADE AND CARRIED THAT CITY ATTY. BE INSTRUCTED TO PREPARE AGREEMENT' I N ACCORDANCE WITH PLAN WHICH WOULD BE TO INCLUDE RETA N I NG WALL TO PROTECT PROP- ERTY, FENCE ON TOP OF RETAINING WALL TO REPLACE FENCE THAT WOULD BE REMOVED DU E TO CONSTRUCTION BY CONSTRUCTION OF C ANT G AND PAYMENT TO PROPERTY OWNER OF FAIR MARKET VALUE OF LAND WHICH TAKES INTO CONSIDERATION THE CONSTRUCTION 00- BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«Regular Meeting of the Baldwin Park City Council May 5, 1965 Page 19 2353 Mrs. Gladys Dargus, 13260 East Francisquito, Baldwin Park, MRS. GLADYS DARGUS, stated that Item No. 4 beautification lease negotiation 13260 E. Francisquito-. Ramona Blvd.) under the City Engineer had not been completed B.Pk. prior to the public hearings. I I Mayor Crites stated this discussion would be continued and asked Mrs. Marianne Johnson if she cared to resume the floor. Mrs. Marianne Johnson, 3825 North Foster, Baldwin Park, MRS. MARIANNE JOHN- stated she had negotiated with the Pacific Electric SON, 3825 N, Foster, for a beautification lease and if she could help the B.Pk. Council on their problem at this time she would be happy to do so; that she had understood from Mr. Lewis that it was very unusual for the Pacific Electric to retract a large beautification lease all at once; that she be- lieved the City had done a very fine job in keeping the right-of-way clean. Mrs. Gladys Dargus, 13260 East Francisquito, Baldwin Park, MRS. GLADYS DARGUS asked what about from Harlan to the bridge and asked if the City could not negotiate with Irwindale. Councilwoman Gregory stated that the sewers were delaying 1875 feet of beautification from the westerly City limits. City Engineer French stated with the widening of the street this area would be cleaned up but that he could not make beautification improvement any better than the City had on the other sections. Councilman McCaron stated in view of Pacific Electric's position on the matter that the only thing the City could possibly do would be some type of planting that would not be too expensive but would still enhance the area; that it would appear that possibly some time in the future the right-of-way would be taken up by the Rapid Transit if that went through. Councilman Morehead commented that a beautification plan could be submitted to Pacific Electric at such time as the widening of Ramona Boulevard was completed. Councilwoman Gregory commented further on the beautifica- tion lease as discussed at the December 18, 1963, Council Meeting, wherein City Engineer French stated that the present-program of this particular area 25 x 1875. from Francisquito westerly) probably would not be any more positive than the program being presently undertaken including the planting of excess street trees and bushes as they became available. Councilwoman Gregory stated she believed that the City should have some beautification program from La Rica to Pacific on Ramona Boulevard starting from the middle of town doing a little bit at a time; that she believed it should be a major operation at least in the center of the City. She asked if there would be curbs along Ramona Boulevard. City Engineer French stated there would be asphalt curbs on the right of way side and concrete curbs on the property side; that this was the way the plans had been approved by the State Division of Highways; that he assumed asphalt curbs were approved because this was a slope easement and was being constructed on the railroad right--of-way. Mayor Crites suggested that the avenues of communication be kept open and the planning going. 00- BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«23,5 1 Regular Meeting of the Baldwin Park City Council May 5, 1965 Page 20 Planning Director Chivetta reviewed his report regarding REPORT FROM P.C. Z-264 which had been returned by the'City.Council to the RE Z-264 P-lanning Commission for a report on April 21, 1965. He stated that the Planning Commission on April 28, 1965, by a vote of 4 to 3 reaffirmed their previous decision for denial of the zone change. He pointed out a map on the wall of the subject property. COUNCILWOMAN GREGORY MOVED THAT THE CITY COUNCIL CONCUR MOTION MADE THAT WITH THE PLANNING COMMISSION AND DENY Z-264. COUNCILMAN COUNCIL CONCUR WITH MCCARON SECONDED. The motion did not carry by the follow-- P.C. AND DENY Z-264 ing vote: AYES COUNCILMEN GREGORY AND MCCARON Merl I ON DID NOT CARRY NOES: COUNCILMEN ADAIR, MDREHEAD AND MAYOR CRITES ABSENT NONE COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL DIRECT MOTION MADE AND THE PREPARATION OF AN ORDINANCE TO ACCOMPLISH THE REZONING CARRIED THAT COUNCIL Z-264). COUNCILMAN ADAIR SECONDED. The motion carried DIRECT PREPARATION by the following vote. OF ORD. TO ACCOMPLISH REZONING iZ-264) AYES: COUNCILMEN MOREHEAD, ADAIR AND MAYOR CRITES NOES: COUNCILMEN GREGORY AND MCCARON ABSENT: NONE Mr. James Q. Gibson, 13268 East Francisquito, Baldwin Park, JAMES Q. GIBSON, stated the Council, four years ago, had denied an applica- 13268 E. Francisquit:. tion for a gas station at the corner of Francisquito and B.Pk. Baldwin Park Boulevard; that at that time Councilman Cole voted against it and stated he thought the City had enough if not too many gas stations; that since that time four gas stations had been approved on that corner and many other gas stations go up in every area of the City; that applicants had shown renderings of proposed development in conjunction with the gas station which had never been realized; that, in his opinion, it was high time that the Council gave far more attention to granting zone changes without any precise planning. Mayor Crites stated this corner was already zoned for a gas station. Mr. Gibson asked if this ordinance was giving an additional zoning of one hundred 100) feet plus so that there would be adequate room for a gas station. Planning Director Chivetta stated that a service station could be constructed at the southwesterly corner of Foster and Ramona with the present C-2 zoning with a conditional use permit which the applicant had applied for and would come up before the Board of Zoning Adjust- ments on May 12, 1965. Mr. Letcher Bishop, 3918 N. Harlan, Baldwin Park, stated he wanted to ask a question concerning the vote; that he wanted to know why the Mayor changed his mind to vote without new evidence being presented to the Council; that there had been no new evidence.to'his knowledge unless a secret meeting had been called; that he was not saying there had been, and some negotiation which, in his opinion, we" were entitled to know all about. Mayor Crites stated that there had not been any secret meetings. Mr. Bishop asked why the sudden change without any new evidence. APPLICANT HAD APPLIED FOR CONDITIONAL USE PERMIT TO COME UP BEFORE BZA MAY 12, 1965 LETCHER BISHOP, 3918 N. Harlan, B.Pk. Continued) BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«Regular Meeting of the Baldwin Park City Council Mayor Crites stated the longer it had gone the longer he had thought about the situation the way it was and the way he voted the first time and the more he was of the opinion that there was nothing supersanctus about business on one side of an intersection than on the other. Mr. Bishop asked if he had taken under consideration the Master Plan; that this was all proposed R-3 on the Master Plan. Mayor Crites stated that in this case it would be denying the man a substantial property right to develop his property. 00-- Planning Director Chivetta reviewed his report regarding Z-265 which had been returned by the City Council to the Planning Commission for a report on April 7, 1965. He stated that the Planning Commission on April 28, 1965, by a vote of 5 to 2, reaffirmed their previous decision for denial of the zone change. He pointed out a map on the wall of the subject property. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL DIRECT THE PREPARATION OF AN ORDINANCE TO ACCOMPLISH THE REZONING Z-265). COUNCILMAN ADAIR SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, ADAIR AND MAYOR CRITES NOES: COUNCILMEN GREGORY AND MCCARON ABSENT: NONE 00- Chief Administrative Officer Nor'dby stated that at the conclusion of the meeting he would like to suggest that the Council adjourn to another date to continue the budget session. May 5, 1965 Page 21 REPORT FROM P.C. RE Z-265 2355 MOTION MADE AND CARRIED THAT COUNCIL DIRECT PREPARATION OF ORD. TO ACCOMPLISH REZONING Z-265) RE BUDGET STUDY CONT'D FROM APRIL 28, 1965) TO ADJ. TO ANOTHE'? DATE TO CONTINUE 00- Councilman McCaron suggested that there was an item regarding assignments to the Planning Commission and that possibly this could be considered in Executive Session. 00- City Clerk Balkus read Resolution No. 65-74 by title as follows: RESOLUTION NO. 65-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOYNING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK" COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-74 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILWOMAN GREGORY SECONDED. The motion carried by the following vote: Continued) RE ASSIGNMENTS TO P.C SUGGESTED TO BE CONSIDERED IN EXECU- TIVE SESSION RES. NO. 65-74 ALLOWING CLAIMS AND DEMANDS AGAINST CITY OF B.PK. GEN. CLAIMS AND DEMANDS NOS. 5864- 5915 INCL. AND 125- 127 INCL. PAYROLL CLAIMS AND DEMANDS NOS. 846- 965 INCL. RES. NO. 65-74 ADOPTED BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«+,~ 3jay Regular Meeting of the Baldwi.h:Park City Council AYES: COUNCILMEN MOREHEAD, GREGORY, ADAIR, MCCARON AND MAYOR CR I T ES NOES: NONE ABSENT: NONE 00- May 5, 1965 Page 22 City Clerk Balkus read Resolution No. 65-77 by title as RES. NO. 65-77 follows: ALLOWING CLAIMS AND DEMANDS AGAINST CITY RESOLUTION NO. 65-77 OF B.PK. A RESOLUTION OF THE CITY COUNCIL OF GEN. CLAIMS AND THE CITY OF BALDWIN PARK ALLONING CLAIMS DEMANDS N0,.5916 AND DEMANDS AGAINST THE CITY OF BALDWIN ONLY PARK" COUNCILMAN ADAIR MOVED THAT.RESOLUTION NO. 65-77 BE RES. NO. 65-77 APPROVED AND FURTHER, READ I NG BE WAIVED. COUNC I LMAN ADOPTED MOREHEAD SECONDED. The motion carried by the following vote: AYES: COUNCILMEN ALV,IR, MOREHEAD.. GREGORY, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- Finance Director Duncan read Resolution No. 65-81 by title RES. NO. 65-81 as follows: ALLOWING CLAIMS AND DEMANDS AGAINST CITY RESOLUTION NO. 65-81 OF B.PK. A RESOLUTION OF THE CITY COUNCIL OF GEN. CLAIMS AND THE CITY OF BALDWIN PARK ALLOWING CLAIMS DEMANDS NOS. 5917- AND DEMANDS AGAINST THE CITY OF BALDWIN 5918 INCL. PARK" City.Attorney Flandrick explained Warrant No. 5917 stating this was in reference to his memorandum indicating the final amount $1,829.00) due on a Los Angeles Street acquisition parcel 12-3). Finance Director Duncan explained Warrant No. 5918 was a request for a transfer from active account into the inactive deposit; that this was gas tax money received this date; that it would be invested for 180 days at the rate of 4 1/8% interest. WARRANT NO. 5917 WARRANT NO. 5918 COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-81 RES. NO. 65-81 B E APPROVED AND FURTHER READING BE VIA I VED. COUNCIL- ADOPTED WOMAN GREGORY SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, GREGORY, ADAIR, MCCARON AND MAYOR CRITES NOES NONE ABSENT: NONE 00- AT 9:55 P.M. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL MOTION MADE RECESS FOR TEN MINUTES. The motion was withdrawn. MOTION WITHDRAWN 00- City Attorney Flandrick asked for five minutes of the REQ. BY CITY ATTY. Council's time stating there was a problem in connection FOR EXECUTIVE SESSION with a matter of pending litigation, Vella Construction vs City of Baldwin Park. He asked that the Council meet PENDING LITIGATION in Executive Session. VELLA VS CITY OF B.PV Continued) BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ« Regular Meeting of the Baldwin Park City Council May 5, 1965 Page 23 235'7 AT 10:00 P.M. COUNCILMAN MOREHEAD MOVED THAT THE CITY 10:00 P.M. ADJ. COUNCIL ADJOURN TO AN EXECUTIVE SESSION. COUNCILMAN TO EXECUTIVE SESSION ADAIR SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, ADAIR, GREGORY, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- At 10:23 p.m. the City Council reconvened in regular 10:23 P.M. RECONVENED session. IN REG. SESSION 00- COUNCILMAN MOREHEAD MOVED THAT MR. LYNN COLE AND MR. MOTION MADE AND LEO KING BE APPOINTED TO THE PLANNING COPM(U SS I ON, CARRIED THAT LYNN OFFICES 5 AND 6, AND LET THE RECORDS SHCVI BY UNANIMOUS COLE AND LEO KING VOTE: COUNCILMAN ADAIR SECONDED. The motion carried BE APPOINTED TO P.C. by the following vote: OFFICES 5 AND 6, AND I Er RECORDS SH0:'J AYES: COUNCILMEN MOREHEAD, ADAIR, GREGORY,, BY UNANIMOUS VOTE MCCARON AND MAYOR CRITES NOES NONE ABSENT: NONE Resolution to be prepared). 00- Discussion followed regarding the Mayor's Convention to be RE MAYOR'S CONVENTIOP held in St. Louis May 28 to June 2, 1965; that the registra- IN ST. LOUIS MAY 28- tion fee was $50.00; that there would be certain matters JUNE 2, 1965 to be voted on. COUNCILMAN ADAIR MOVED THAT IF THE MAYOR) DECIDES TO GO THAT HE WILL, BE, ALLONED TO GO. COUNCI LAN MCCARON SECONDED. The motion carried by the following vote: AYES: COUNCILMEN ADAIR, MCCARON, GREGORY AND MOREHEAD NOES NONE ABSTAIN: MAYOR CRITES ABSENT: NONE 00- i Regarding the property on the southerly end of the park site along the wash on Badillo, Chief Administrative Officer Nordby stated there was a letter from Mr. Phillip Gray dated last fall in which he offered the City Parcel 2 L.S. 625) for $4,000.00; that he had talked with Mr. Jerry Morriss, who had been doing appraisal work for the City on sewer projects and street projects, and Mr. Morriss gave his opinion that the property was'worth $.75 a square foot or approximately $3800.00. He requested permission to negotiate with Mr. Phillip Gray and with the City Council approval try to acquire this property for the sum of $4,000.00 or less. COUNCILMAN MCCARON MOVED THAT THE CHIEF ADMINISTRATIVE OFFICER BE GRANTED PERMISSION TO NEGOTIATE WITH MR. PHILLIP GRAY AND TRY TO ACQUIRE THIS PROPERTY FOR THE SUM OF $4,000.00 OR LESS. COUNCILWOMAN GREGORY SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MCCARON, GREGORY, ADAIR, MOREHEAD AND MAYOR CRITES NOES: NONE ABSENT: NONE MOTION MADE AND CARRIED THAT IF THE MAYOR) DECIDES TO G O THAT HE V1 I L L 3r'-,. ALL(ED TO IGO ACCESS TO PARK SITE ON BADILLO SOUTHERLY END OF PARK SIT E ALONG WASH MOTION MADE AND CARRIED THAT C.A.O. BE GRANTED PERMISSION TO NEGOTIATE WITH PHILLIP GRAY AND TRY TO ACQUIRE THIS PROPERTY FOR SUM OF $4,000.00 OR LESS 00- BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«2358 Regular Meeting of the Baldwin Park City Council Chief Admin'i'strative Officer Nordby reported regarding the San Gabriel Valley Trykbuan putting out a prograss edition in June stating that this paper went throughout the United States; that the cost was $1125.00 per page for 100',000 copies; that he had in mind one-fourth of a page for $375.00; that the City aid have the funds and it would be good advertising for the City; that this would contain accomplishments for the year of 1964. Discussion followed wherein Mr. Nordby amended his original suggestion of one-fourth page to one page. COUNCILMAN ADAIR MOVED THAT THE CITY HAVE ONE PAGE. COUNCILMAN MOREHEAD SECONDED. The motion carried by the following vote: AYES: COUNC I LMF'v ADA' R, MOB<EHEAD, GREGORY, MCCARON A.NO A YOR CR TES NOES: NONE ABSENT: NONE 00- Mayor Crites stated that he and the Chief Administrative Officer would be on television on Channel Il at 11:00 a.m., Saturday and Sunday May 8 and 9, on behalf of the City. 00- Discussion followed regarding an adjour•n,nent date for a budget session. AT 10:50 P.M. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL. ADJOURN TO TUESDAY, MAY 1 I 1965, AT 7:00 P.M. IN THE COUNCIL CHAMBER OF THE CITY HALL COUNCILWOMAN GREGORY SECONDED. There were no object i nrc, the motion carried and was so ordered by Mayor C'ri 00- May 5, 1965 Page 24 C.A.O. REPORT RE PROGRESS EDITION S.G.V. TRIBUNE I PAGE COST $1,125.00 FOR 100,00( COPIES GOOD ADVERTISING FOR CITY MOTION MADE AND CARRIED THAT CITY HAVE ONE PAGE C.A.O. AND MAYOR TO BE ON TV ON BE.- HALF OF CITY CHAt!k,. II MAY 8 AND 9 AT 11:00 A.M. ADJ. AT 10:50 P.M. TO TUES., MAY 11, 1965, AT 7:00 P.M. COUNCIL CHAMBER OF CITY HALL THELMA L. BALKUS, CITY CLERK APPROVED: ig 1965 Date of Distribution to City Council May 17 1965. Date of Distribution to Departments May 18 1965. BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL MAY 5, 1965 CITY HALL COUNCIL CHAMBER) I4 03 East Pacific Avenue 7:30 P.M. The City Council of the City of Baldwin Perk met in regular session at the above place at 7:30 p.m. Mayor Crites led the salute to the flag. FLAG SALUTE Roll Call: Present: COUNCILMEN ADAIR, GREGORY, ROLL CALL MCCARON, MORE HEAD AND MAYOR CRITES Absent: NONE Also Present: CHIEF ADMINISTRATIVE OFFICER NORDBY, CITY ATTORNEY FLANDRICK, CITY ENGINEER FRENCH, BUILDING SUPERINTENDENT KALBFLEISCH, PLANNING DIRECTOR CHIVETTA, FINANCE DIRECTOR DUNCAN, ACTING CHIEF OF POLICE ADAMS, CITY TREASURER PUGH AND CITY CLERK BALK US 00- AT /OSSD P.M. COUNCILMAN MOREHEAD MOVED THAT THE CITY ADJ. AT /OSgo P.M. COI MOURN TO TUESDAY, MAY 11, 1965, AT 7:00 P.M. TO TWES., MY 11, IN THE COUNCIL CHAMBER OF THE CITY HALL. COUNCILWOMAN 1965 AT 7:00 P.M. GREGORY SECONDED. There were no objections, the motion IN COUNCIL CHAMBER carried and was so ordered by Mayor Crites. OF CITY HALL 00- THELMA L. BALKUS, CITY CLEW DATED: May 6, 1965 TIME 7"3o A.M. BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 05 05 CC MINHÄ—@¸—.ÅÍ«STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: AFFIDAVIT OF POSTING NOTICE CITY OF BALDWIN PARK OF A O R N WETTNG I THELMA L. BALKUS, being first duly sworn, says and deposes: that I am the duly chosen, qualified and acting City Clerk of the City Council of the City of Baldwin Park; that at a Regular Meeting of the City Council of the City of Baldwin Park held May 5 1965 said meeting was ordered adjourned to the time and place specified in the Notice of the Adjournment ATTACHED HERETO; that on May 6 1965 at the hour of 9:30 a.m., I posted a copy of said Notice at a conspicuous place on or near the door of the place at which said meeting of May 5 1965 was held. y~'li~~. 45 l THELMA BALKUS, CITY C E RKK Subscribed and sworn to before me this day of My Commissibn Expires Feb. 24, Notp/h Pub i c and for sai County and State JACKQUELEAN ROAbY BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 Í«2346 Regular Meeting of the Baldwin Park City Council City Attorney Flandrick stated if the Council so-desired that the question which had arisen in conjunction With the requested issuance of a building permit could be considered at this time; that Building Superintendent Kalbfleisch had" ruled against the contention of the applicant; the applicant, Mr. Sam Zimmerman, was here this evening'; that the request was that the City Council consider this as the Board of Appeals under the Building Code to determine the correct interpretation of the Building Code; that perhaps Mr. Kalbfleisch coul-,d outline the problem and Mr. Sam Zimmerman could reply; that the Council had copies of a letter sub- mitted by the Los Angeles County Fire Protection District by the Fire Marshal which also bears on the question as well-as Mr. Kalbfleisch's staff report. Also a copy of Mr. Zimmermmants letter). As there were no objections, Mayor Crites asked Building Superintendent Kalbfleisch to proceed. Building Superintendent Kalbfleisch read and reviewed his report and read in full a letter dated May 5, 1965, from Mr. Leslie A. Dutton, Fire Marshal, under signature of K. E. Klinger, Chief Engineer, Los Angeles County Fire Depart- ment, of which the last paragraph stated We concur in your interpretation of this section Section 1603 a) Exception of the 1961 edition of the Uniform Building Code) of the Uniform Building Code and appreciate the opportunity to offer and opinion.". City Attorney Flandrick stated that Mr. Zimmerman was given a copy of the letter dated May 5, 1965, from the Los Angeles County Fire Department as read by Mr. Kalbfleisch. Building Superintendent Kal_bfleisch placed a plot plan of the proposed building on the wall. Mr. Sam Zimmerman, Santa Barbara, stated the buildings proposed were in the same area previously talked about Vacation Portion of Badillo Street) and the buildings were proper as far as zoning was concerned; that the question involved was the construction of the building; that he wanted to excuse himself some what from this discussion and turn his portion of this over to Mr. Downey; that Mr.,.Downey and he were co-owners of the Coral Construction Corporation and Coral was going to build these buildings); that he was much more qualified to handle this portion of the presentation than he was; that he had brought with him a structural engineer, also a representative of the steel building people; that also here this evening was Mr. Jack E. Smith who was in charge of the State Fire Marshal's office and passed on all school buildings within the State of California as far as the question of fire was concerned and that was the principal issue. He asked Mr. Downey to come up. Mr. Tom Downey stated the codes that Mr. Kalbfleisch was reading were quite difficult to talk about in words to somebody that was not familiar with them; that there were six buildings under one roof and actually there were more than 2500 feet in each building; that to qualify- these buildings to work on this plot they had gone to Section 1603, the exception, which allowed them to bring this into three 3) buildings and described how this was to be done by putting in two hour walls they would actually take a building that they put three wells in and make three buildings out of it for the purposes of the Code; that Mr. Kalbfleisch also talked about the outside walls and the ten IQ1 foot setback; that these walls were incombustible walls, steel walls; they were not one hour walls as Mr. Kalbfleisch would like to have; that under the same Section, 1603, the Code pointed out that if there was a ten 101 foot area, clear area surrounding the build- ing, then they were allowed an unprotected building such Continued) May 5, 1965 Page 12 CITY COUNCIL BOARD OF APPEALS BLDG. CODE PROPERTY INVOLVED LOCATED ON NE CORNER OF BADILLO ST. AND PUENTE AVE., ABOUT 15101 BADILLO ST. SAM Z I /+MIERMA N, SANTA BARBARA BIB] 39576-U01 1965-U02 05-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116912-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06