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HomeMy WebLinkAbout1965 11 17 CC MIN1965 11 17 CC MINHÄ—@¸—0Í«2610 I REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBER) 14403 East Pacific Avenue In accordance with Section 2703 of the Municipal Code the City Council met in open meeting at 7:00 p.m. in the Conference 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. Councilman McCaron led the salute to the flag. Roll Call: Present: COUNCILMEN ADAIR, GREGORY, 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, CHIEF OF POLICE ADAMS, CITY TREASURER PUGH AND CITY CLERK BALKUS 00- Councilman McCaron asked that the approval of the October 20, 1965, minutes be held over to the next regular meeting. Councilwoman Gregory stated that on Page 12, Paragraph 8, of the October 20, 1965, minutes that Valley View Mutual Water Company should read Werner Tract Mutual Water Company". As there were no objections the approval of the October 20, 1965, In Inutes were held over to t he next regular meeting. COUNCILWOMAN GREGORY MOVED THAT MINUTES OF NOVEMBER 3, 1965, BE APPROVED AND FURTHER READING BE WAIVED. COUNCIL- MAN MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered by Mayor Crites. 00- COUNCILMAN MOREHEAD MOVED THAT THE CITY TREASURER'S REPORT AS OF OCTOBER 31, 1965, BE RECEIVED AND FILED. COUNC I L- WOMAN GREGORY SECONDED. There were no objections, the mot ton Carr led and was so Ordered' by iAeyor Cr i tes. 00- City Clerk Balkus presented a letter from Mr. Henry Levin, 1833 Tachevah, Palm Springs, California, dated November 9, 1965, regarding Tract No. 29417, sewer and storm drain easement. NOVEMBER 17, 1965 7:30 P.M. FLAG SALUTE ROLL CALL CORRECTION TO OCT. 20, 1965, MINUTES ON PAGE 12, PARA- GRAPH 8 APPROVAL OF OCT. 20, 1965, MINUTES HELD OVER TO NEXT REG. MTG. MINUTES OF NOV. 3, 1965, APPROVED AND FURTHER READING WAIVED CITY TREASURER'S REPORT AS OF OCT. 31, 1965, RECEIVED AND FILED LETTER FROM HENRY LEVIN, 1833 Techevah Palm Springs RE TRACT NO. 29417 SEWER AND STORM DRAT' EASEMENT City Attorney Flandrick stated the Council would recall the problems that had arisen in connection with the matters referred to in this letter; that this tract required certain access for public utilities and to obtain the access to existing facilities it was necessary to obtain an met across property ottler than that owned Continued) BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«261 1 Regular Meeting of the Baldwin Park City Council November 17, 1965 Page 2 by the subdivider; that as he recalled in approximately June 1964, the City agreed, at the request of the sub- divider, to Condemn an area for this easement for sewer and storm drain purposes providing that the subdivider would pay all the expenses including Attorney's fees, courts costs, appraisal fees and so forth to accomplish this; that pursuant to that direction a proceeding was filed and an order of immediate possession was obtained and a judgment conveying to the City an easement for the purposes as set forth; that there was an error in the complaint as initially filed; that the action was to acquire a sewer easement and did not include a storm drain easement which was in fact the original direction of the Council; that it was corrected several months after it was filed; that the two property owners involved who owned the property over which the easement was to be located, were not as happy as they could be with the proposed awards but they did finally accept them or at least they failed to make any appearance in the court proceeding although they had been contacted by the usual manner of service of process as well as a letter from him; that there- after, as he recalled, in December of 1964 the court indicated a judgment, as he had indicated, awarding to the City the easements as sought; that then it appeared Mr. Levin through his contractor constructed the sewer lines and unfortunately for all concerned he constructed them outside of the ease- ment on an area of property not owned by him nor by the City; that it was in an area that would be within a street or a proposed street if that street were to be condemned or other- wise acquired and the problem at the moment and had been for some months, as indicated in the letter, was that Mr. Levin had not been able to reach any agreement with Mr. Benson and Mr. Baca, the two property owners involved; that an addi- tional side problem was that the attorney who represented Mr. Benson and Mr. Baca, had indicated the last time he had talked with him approximately one month or two ago, that he had a tentative agreement for the sale of all of the Baca and Benson property to Mr. Levin or someone else so that this problem could be resolved; that the only feasible solution to solve this problem would be apparently, and he assumed from his brief conversation with Mr. French that he apparently would recommend this, that again the City go in and condemn for this street in this area, after the cost had been determined assuming that the same would be at the expense of the subidivider because apparently the parties were not going to get together voluntarily He further stated if the Council felt it was worthy of further investigation the cost of the acquisition of the area in there for a street could be determined, at least primarily; that a rough appraisal could probably be obtained by the same appraiser who evaluated the easement; that he could probably recompute and give an idea of the cost; that the City Engineer could come up with an approximation of the cost of the street improvements if they were to be developed at the same time. Councilman McCaron stated he thought the matter should be pur- sued along those lines that it be determined what the evalua- tion is and what the costs would be; that it did not make sense to make a man pick up a line that was reasonably within the location that it should be in; that since It was within a future street it would have to be dedicated; that if there was any further compensation that might be paid to the owners for their ground that it should be done and done reasonably; that the subdivider should pay the costs. As there were no objections, Mayor Crites instructed the City Attorney to pursue this case in that manner. City Attorney Flandrick stated that the staff would try to give the Council a report within the next thirty 30) days as to what the e$*Lwioted cost of acquisition would be. SEWER LINES CON- STRUCTED OUTSIDE EASEMENT BUT WITHIN AREA OF FUTURE STREET MR. LEVIN HAD NOT BEEN ABLE TC REACH AGREEMENT WITH P.O. REC. THAT CITY AGAIN GO IN AND CONDEMN FOR STR IN THIS AREA AT THE EXPENSE OF SUBDIVIDER COUNCIL INSTRUC- TION STAFF TO REPORT WITHIN 30 DAYS TO COST OF ACQU TION 00- BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«Regular Meeting of the Baldwin Park;City Councit Mayor Crites reported that he and the Chief Administrative Officer represented the City in Los Angeles Saturday, November 13, 1965, at an all day conference regarding beautification as proposed and started by Ladybird John- son. 2612, November 17, 1965 Page 3 MAYOR CRITES AND C.A.O. ATTENDED CONFERENCE SAT. NOV. 13, 1965, RE BEAUTIFICATION AS PROPOSED AND STARTED BY LADYBIRD JOHNSON 00- i Councilman McCaron reported that he had attended a meeting REPORT BY COUNCIL- of the Upper San Gabriel Valley Water Association wherein MAN MCCARON RE the City of West Covina joined the other cities in the USGVWA Upper San Gabriel Water District; that the other four remaining cities that were served by the some basin have CITY OF W. COV. formed their own district which was contracted with the JOINED OTHER CITIES State for additional water in $972, however, their position IN UPPER SAN GABRIEL had changed inasmuch as West Covina did not join them so VALLEY WATER DISTRICT that it will be a task for them to try to put In the facilities that would be needed to bring the water into the area; that at the present time they were suggesting that they would like to use reclaimed water as their contribution to the replenishment of the area and basin. 00- i City Attorney Hendrick stated that proposed Resolution No. 65-173 proposed acquisition of fee interest in and to the area in Falconer Street and its proposed extension. Resolution No. 65-173 was read by title as follows: RESOLUTION NO. 65-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF THE FEE INTEREST IN AND TO CERTAIN REAL PROPERTY FOR PUBLIC STREET PURPOSES AND ALL USES APPURTENANT THERETO" COUNCILWOMAN GREGORY MOVED THAT RESOLUTION NO. 65-173 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN MORE- HEAD SECONDED. The motion carried by the following vote: AYES: COUNCILMEN GREGORY, MOREHEAD, ADAIR, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE City Attorney Flandrick stated the next item related to a request to the Council to join in an amicus brief before the Supreme Court in the Case of the City of Bakersfield vs. Miller; that the problem insofar as the City of Bakersfield is that they have attempted to abate a public nuisance in a structure called the Hotel Padre claiming it was a fire hazard; that they had gone through judicial proceedings to have that determined as such; that the trial court found in favor of the City of Bakersfield stating the ordinance was valid and the action taken and the manner of proceedings that were initiated was valid; that the hotel owner and the District Court of Appeals had over-turned that decision; that in the course of the District Court of Appeals opinion they had indicated several things that could adversely affect the future of the nuisance ordinance in this City as well as the effect of the Uniform Building Code; that they had indicated that they feel that the manner of adoption of WContinued) ACQUISITION OF FEE INTEREST IN AND TO AREA IN FALCONER ST. AND ITS PROPOSED EXT. RES. NO. 65-173 FINDING AND DETER- MINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE ACQ. OF FEE INTEREST IN AND TO CERTAIN REAL PROPERTY FOR PUBLIC ST. PURPOSES AND ALL USES APPURTEN- ANT THERETO RES. NO. 65-173 ADOPTED REQUEST BY CITY ATTY. FOR COUNCIL TO JOIN IN AMiCUS BRIEF BE- FORE SUPREME COURT IN THE CASE OF THE CITY OF BAKERSFIELD VS. MILLER BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«2F 13 Regular Meeting of the Baldwin Park City Council' November 17, 1965 Page 4 the Uniform Building Code by the City of Bakersfield, which was identical to the procedure used by this City and other cities and was expressly authorized by State Law was invalid; that they had indicated before the City could civily prosecute to abate a public nuisance the City must exhaust criminal remedies, which was not the law; that the City of Bakersfield had employed himself and his firm to appear for them in the Supreme Court which they were doing, and a number of cities, approximately thirty-seven 37) or thirty-eight 38) at the present time had indicated their approval of appearing as an amicus in this case to point out the problems of a general nature which this decision could present to the City Council in the future; that it was requested that the City Council give serious thought and approval to this request to so appear at no cost to the City. COUNCILMAN MOREHEAD MOVED THAT THE SPECIAL COUNSEL JAMES A. NICKLIN) IS AUTHORIZED TO USE THE NAME OF THE CITY OF BALDWIN PARK IN THE FILING OF AN AMICUS BRIEF IN THE CASE OF THE CITY OF BAKERSFIELD VS. MILLER IN THE SUPREME COURT OF THE STATE. 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 against the City submitted by Anna E. Whitlatch. COUNCILMAN MOREHEAD MOVED THAT THE CLAIM OF ANNA E. WHIT- LATCH BE DENIED AND REFERRED TO THE INSJRANCE CARRIER AND TO ARTUKOVICH CONSTRUCTION COMPANY. 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 an application for Temporary Use Permit submitted by Mr. James H. Newman for the sale of Christmas Trees at 4338 North Maine. In answer to a question by Councilman Morehead, City Clerk Backus stated that possibly certain business licenses or permits v+rould be required and also a $25.00 filing fee. COUNCILMAN MOREHEAD MOVED THAT THE APPLICATION FOR A TEMPORARY USE PERMIT FOR THE SALE OF CHRISTMAS TREES BE GRANTED TO JAMES H. NEWMAN AFTER THE APPLICANT HAD COMPLIED WITH THE REQUIREMENTS OF THE CITY. 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 Clerk Balkus presented a claim against the City submitted by Mr. S. Seidman. RE MANNER OF ADOPTION OF UNIFORM BLDG. CODE MANNER OF PROSECUT- ING TO ABATE PUBLIC NUISANCE MOTION MADE AND CARRIED THAT SPECIAL COUNSEL IS AUTH. TO USE NAME OF CITY OF B.PK. IN FILING OF AMICUS BRIEF IN CASE OF CITY OF BAKERSFIELD VS. MILLER IN SUPREME COURT OF STATE CLAIM AGAINST CITY ANNA E. WHITLATCH DENIED AND REFERRED TO INS. CARRIER A^lD TO ARTUKOVICH CON- STRUCTION CO. TEMP. USE PERMIT APPLICATION SUBMITTEC BY JAMES H. NEWMAN FOR SALE OF CHRISTMAS TREES AT 4338 N. MAIN MOTION MADE AND CARRIED THAT APPLICA- TION FOR TEMP. USE PERMIT FOR SALE OF CHRISTMAS TREES BE GRANTED TO JAMES H. NEWIW AFTER APPLI- CANT HAD COMPLIED WITH REQUIREMENTS OF CITY CLAIM AGAINST CITY MR. S. SEIDMAN Continued) BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«Regular Meeting of'the Baldwin Park City Council COUNCILWOMAN GREGORY MOVED THAT THE CLAIM OF MR. S. SEIDMAN BE DENIED AND REFERRED TO THE INSURANCE CARRIER AND ARTUKO- VICH CONSTRUCTION COMPANY. COUNCILMAN MOREHEAD SECONDED. The motion carried by the following vote: November 17, 1965 261 Page 5 DENIED AND REFERRED TO INS. CARRIER AND ARTUKOVIOH CONSTRUC- TION CO. AYES: COUNCILMEN GREGORY, MOREHEAD, ADAIR, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- i I Chief Administrative Officer Nordby presented the.Traffic TRAFFIC SAFETY Safety Committee Report for November 17, 1965. He stated that COMMITTEE REPORT the first part of it was the request for a crosswalk at NOV. 17, 1965 Baldwin Park Boulevard and Rexwood which was recommended for installation by the Traffic Committee. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL AUTHORIZE MOTION MADE AND THE INSTALLATION OF A CROSSWALK AT BALDWIN PARK BOULEVARD CARRIED THAT COUNCIL AND REXWOOD. COUNCILMAN ADAIR SECONDED. The motion AUTH. INSTALLATION carried by the following vote: OF CROSSWALK AT B.PK. BLVD. AND AYES: COUNCILMEN MOREHEAD, ADAIR, GREGORY, REXWOOD MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE City Engineer French reviewed the Traffic Committee Report TRAFFIC PATTERN regarding the traffic pattern at Puente and Root stating AT PUENTE AND ROOT that the intersection was widened; that the only thing not anticipated was the traffic movement and the users of the intersection would not change their habits to meet the widening; that there were automobiles cutting the corners so to speak and pedestrians walking out through the intersection without regard to the cross- walks that were installed; that there was quite a traffic hazard; that he had gone to the point of painting traffic islands which had no real import; that the people drove across them anyway; that now what was proposed was that the City would redo the intersection as far as the traffic movements and try to make the traffic movements, as much as possible, to the actual usage of the intersection by the people; that this would immediately affect this one area for about two hundred 1200) feet where there would have to be NO PARKING FOR APPROY no parking; that in the initial project no parking was 200 FT. REC. anticipated; then a left turn only lane would be created that would leave the Puente Avenue traffic that would turn toward the school and proceed on Puente one lane; that this was a heavy movement; that the left turns from Puente Avenue REC. THAT LEFT TURN southbound to Root would be eliminated; that this was a FROM PUENTE AVE. very hazardous movement and because of the sharp angle SOUTHBOUND TO ROOT of this street joining Puente it required almost 180° BE ELIMINATED turning movement for the car; that if the traffic was channeled to permit a 900 turn the people making a left turn to Puente Avenue were going to conflict so the Traffic Committee was recommending that the left turns on Puente Avenue to Root be eliminated; that no change in the pedestrian movements was recommended; that the only thing that could be done in this respect was stricter law enforcement and try to encourage the pedestrians to use the crosswalks that they have. Councilman McCaron asked how many people would be affected by no left turn on Root going to Puente; that it seemed that there would be an entire subdivision affected. City Engineer French stated there was a street called Howellhurst; that any people that would feed back in that area would come down Puente and make a right turn on Puente, continue along Puente and make a left turn on Howellhurst and feed back in there; that this was a ant that was being done now to a great extent; That Th * l d not be any inconvenience Continued) BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«261:5 Regular Meeting of the Baldwin Park City Council to the people that would live on Swanee Lane, Willow or Ardilla in that area. Councilman McCaron asked if there was anything on Puente that would allow them to make a left hand turn on Puente going south from Howellhurst. City Engineer French stated they could do that; that this was not a problem. COUNCILMAN MCCARON MOVED THAT THE CITY COUNCIL ACCEPT THE RECOMMENDATION OF THE TRAFFIC COMMITTEE AND ALLOW THESE CHANGES. COUNCILWOMAN GREGORY SECONDED. Councilman Morehead commented on complaints he had received from a resident in this area. There were no objections, the motion carried and was so ordered by Mayor Crites. 00- Chief Administrative Officer Nordby stated the Council had before them three resolutions prepared by the City Attorney which would initiate the formation of a 1919 Act Lighting District; that Mr. Sagucchi of the firm of Lockman and Sagucchi was in the audience to answer any questions the Council might have. City Engineer French stated that November 15, 1965, the date of filing, in the three resolutions should be changed to November 17, 1965. City Attorney Flandrick stated by approving the report and setting the matter for hearing, the Council was not committed to the formation of the District. Chief Administrative Officer Nordby stated the proposed= tax rate was slightly lower than the one that appeared, on the tax bill this year of $.28; that the proposed rate was $.27; that in alternate years the tax rate would fluctuate quite a bit under the existing lighting districts; that it had been up as high as $.40; that, in his opinion, if the City took it over the City could keep the tax rate quite consistent. City Attorney Flandrick stated the Report of the City Engineer had been filed with City Clerk Balkus on November 17, 1965, as well as copies given to the Council. Resolution No. 65-179 was read by title as follows: RESOLUTION NO. 65-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER OF SAID CITY MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 65-165 OF SAID COUNCIL" COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-179 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 November 17, 1963 Page 6 MOTION MADE AND CARRIED THAT COUNCIL ACCEPT REC. OF TRAFFIC COMMITTEE AND ALLOW THESE CHANGES RE 1919 ACT LIGHTING DISTRICT CHANGE NOV. 15, 1965 T0 NOV 17, 1965, IN ALL 3 RES. PRO- POSED PROPOSED TAX RATE $.27 REPORT OF CITY ENGR. FILED WITH CITY CLERK ON NOV. 17, 1965 COPIES GIVEN TO COUNCIL RES. NO. 65-179 APPROVING REPORT OF CITY ENGR. OF SAID CITY MADE PURSUANT TO REQUIREMENTS OF RES. NO. 65-165 OF SAID COUNCIL RES. NO. 65-179 ADOPTED Continued) BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«Regular Meeting of the Baldwin Park City Council- Resolution No. 65-180 was read by title as follgws;. RES. NO. 65-180, EXPENSES FOR +NAI1(flNANCE AND OPERATION OF A STREET LIGHTING SYSTEM, INCLUDING LIGHTING FIXTURES AND APPLI- ANCES FURNISHED, INSTALLED AND MAIN- TAINED, AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES" RESOLUTION NO. 65-180 FORM LIGHTING MAINT. r::.; DIST., WHICH DIST. A RE SOLUT t®Nl Okztdl4t=f C z T V f IIOUAIB 1 k OE I S TO PAY COSTS AND lip DCASi I501RN3A,i EXPENSES FOR MAIN- THE CITY 6FJ6At:DC911N:)PARw DECLARING qTS`'w 1TEItlTN4Nil0-iFORM A~ 4 5 f JENAN&E AND EFAT ION L IGHTiNor WPNT"A E b~I S~fl ICY lj t*'c br,e; 41= ST~:, Lj IN_G D I STR ICTr I'SFatTO f'tAY TIE' S3+ ANDi i abw-:; SYSTE A;,E., IN,c UD,ING I I City Engineer French stated the Drawing Number to be inserted in the resolution was CS 1-13. City Attorney Flandrick stated in the second paragraph of the resolution beginning Said report, dated November 10," that the year should be 1965 not 1961. COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-180 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILWOMAN GREGORY SECONDED. The motion carried by the fo'3lowing vote: AYES: COUNCILMEN'MOREHEAD, GREGORY, ADAIR; MCCARON AND MAYOR CRITES NOES: NONE ABSENT N6t4( Resolution No. 65-181 was read by ttti at folIo RE OLUT I bN p NO 6S t+ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPOSED IMPROVEMENT REFERRED TO IN RESOLUTION OF INTENTION NO. 65-180 AND DIRECTING THE CLERK OF SAID CITY COUNCIL TO GIVE NOTICE OF SAID HEARING" November 17, I,F65 Page 7 n DECI,AR.. INTENT.,.TO LIGHTING FIXTURES AND APPLIANCES FURNISHED, INSTALLED AND MAINTAINED, AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIX- TURES i DRAWING NO. CS 1-13 CHANGE IN SECOND PARAGRAPH 1961 TO 1965 RES. NO. 65-180 ADOPTED RES`'IO. 65181 APPOTNT4NG'- TIME AND'f'LACE FOR• HEAR- ING PROTESTS IN RELATION TO PROPOSED IMPROVEMENT REFERRED TO IN RES. OF INTENT. NO. 65-180 AND DIRECT ING CLERK OF SAID CITY COUNCIL TO GIVE NOTICE OF SAID HEARING Note: The public hearing date was set for December 15, 1965, P.H. DEC. 15, 1965 at 8:00 P.M. COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-181 BE RES. NO. 65-181 APPROVED AND FURTHER READING BE WAIVED. COUNCILWOMAN ADOPTED GREGORY SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, GREGORY, ADAIR, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE City Clerk Balkus administered the Path to those in the audience desiring to be heard during the meeting. OATH, ADM4NtSTERE D, City Clerk Balkus announced that the hour of 8:00 p.m. PUBLIC HEARING having arrived that it was the time and place fixed for 8:00 P.M. a public hearing on Z-277, an application submitted by W. C. Hannah for a Zone Change from Zone R-2 light multiple Z-277, REQUESTING residential) to Zone R-3 heavy multiple residential) or ZONE CHANGE FROM Continued) Continued) 6 BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«Regular Meeting of the Baldwin Park City Council more restrictive use upon a parcel of land located at 3838 Foster Avenue. City Clerk Balkug Stated that proper publication, postings and mailings Pid been accomplished. Planning Director Chivetta presented a resume of the case stating that the Planning Commission adopted Resolution No. PC 65-44 on October 27, 1965, recommending approval of the request. He pointed out a map on the wall showing the existing zoning of the area. As there'was no one in the audience desiring to speak in behalf of or in opposition to Z-277, Mayor Crites declared the public hearing closed. November 17, 1965 Page 8 R-2 TO R-3 AT 3838 FOSTER AVE., W. C. HANNAH PUBLICATION, POSTINGS, MA I L I NGS RESUME PUBLIC HEARING DECLARED CLOSED Z-277 COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION AND MOTION MADE APPROVE ZONE CHANGE CASE NO. Z-277. COUNCILMAN ADAIR SECONDED. City Clerk Balkus read Ordinance No. 430 by title as ORD. NO. 430 follows: AMENDING ZON. AMAP OF SAID CITY, AND ORDINANCE NO. 430 REZONING CERTAIN HEREIN DESCRIBED AN ORDINANCE OF THE CITY COUNCIL OF REAL PROPERTY FROM THE CITY OF BALDWIN PARK AMENDING THE ZONE R-2 TO ZONE R-3 ZONING MAP OF SAID CITY, AND REZONING ZONE CASE NO. Z-277) CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE R-2 TO ZONE R-3 ZONE CASE NO. Z-2771" With the approval of the second, Councilman Morehead MOTION WITHDRAWN withdrew his motion. COUNCILMAN MOREHEAD MOVED THAT ORDINANCE NO. 430 BE ORD. NO. 430 INTRODUCED AND FURTHER READING BE WAIVED. COUNCILMAN INTRODUCED AND ADAIR 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 announced that it was the time and place fixed for a public hearing on Z-279, an application sub- mitted by Rudy Marquez for a Zone Change from Zone R-I single family residential) to Zone C-2 heavy commercial) or more restrictive use upon a parcel of land located at 12738, 12748, 12748) Ramona Boulevard. City Clerk Balkus stated that proper publication, postings, and mailings had been accomplished. Planning Director Chivetta presented a resume of the case and stated that the Planning Commission had adopted Resolu- tion No. PC 65-46 on October 27, 1965, recommending approval of the request. He pointed out a map on the well showing the existing zoning of the area. He stated that it was brought out at the Planning Commission hearing that the twenty 20) foot alley at the rear of the property was inaccessible even though the City had dedications, there were in fact encroachments into the alley which prohibit access to the rear of the properties fronting on Ramona Boulevard between Barnes and Syracuse and It was recommended that the alley be made usable; that +he motion was made to Continued) FURTHER READING WAIVED PUBLIC HEARING Z-279, REQUESTING ZONE CHANGE FROM R-1 TO C-2 AT 12738, 12748, 127481 RAMONA BLVD., RUDY MARQUEZ PUBLICATION, POST iNGS, MAILINGS RESUME BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0 Í«Regular Meeting of the Baldwin Park City Council November 17, 1965 21' Page 9 recommend to the City Council approval of the reclassifica- tion; that the Planning Commission also recommended to the Council that second reading of the Ordinance be held until all encroachments into the dedicated alley are removed. He stated it was the staff recommendation that the Council concur with Resolution No. PC 65-46. TESTIMONY IN BEHALF OF THE REQUEST WAS CALLED FOR BY MAYOR TESTIMONY IN BEHALF CRITES. Mr. Rudy Marquez, 1424 Joan Drive, Hacienda Heights, RUDY MARQUEZ, stated, in his opinion, the area was ready for a zone 1424 Joan Dr., change; that-the street had just been widened and curb Hacienda Heights and gutter put in; that he would Iike to develop the rest of the property he had; that he had been working under a variance that he had obtained, from the.County ten years ago; that as far as the alley was concerned he knew what to do about his own but what could he do with the neighbors on both sides from Barnes to Syracuse. City Attorney Flandrick stated, in his opinion, it was not proper to expect or to even ask the applicant to do any- thing about the alley other than that portion immediately adjacent to his property; that, in his opinion, it was the City's responsibility to do one of two things: either clear the alley out in terms of structures and so forth or in the alternative perhaps a vacation would be in order; that he was sure the staff and Commission would perhaps have some comment on that; that the applicant could not do anything about anything his neighbors did and this was not his, problem. Mr. Marquez stated he did not have any..encroachments on the alley. At the suggestion of City Attorney Flandrick, City Engineer French stated that the Engineering Department would contact the property owners and recommend what action would be necessary. In answer to questions by Councilman McCaron., Mr. Marquez stated he had lived in the house behind the barber shop for eight 18) years; that he now rented it out. Planning Director Chivetta stated if the applicant obtained the reclassification and then wished to develop the property he would have to raze what was there in order to develop to C-2 or an alternative would be to apply for a variance to vary with the legal nonconforming section of the ordinance. In answer to a question by Councilman McCaron, Mr. Marquez stated Lots 18 and 19 were vacant; that there,, was an old residence on Lots 16 and 17; that on Lots 20 and 21 there was a real nice home which he had lived in; that he got it there as a variance when he put the barber shop in front; that he put a six foot block wall around it; that he was going to leave Lots 20 and 21 as they were for the time being; that he wanted to clear off and build on Lots 16, 17, 18 and 19. City Attorney Flandrick stated perhaps the Council might like to Inquire of the applicant as to whether he would be willing or if it was feasible to combine these lots in a single lot or two single lots combining to two twenty-five 125) foot frontages; that the Council might wish to consider this in terms of future development. In answer to a question by Councilman Adair, Mr. Marquez stated his idea was to build along the back leaving room for the alley; that he would be willing to combine Lots 16 and 17 and Lots 18 and 19; that he did not have any intention of selling; that he wanted to develop it himself; that three 3) fifty 1501 foot lots would be Continued) BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0 Í«2.019 Regular Meeting of the Baldwin Park City Council alI right. City Attorney Flandrick stated if the Council'wished Mr. Marquez could be asked to sign three 3) separate documents combining Lots 16 and 17 as a single'lot, Lots 18 and. 19 as a single lot, and Lots 20 and 21 as a single lot. Mr. Marquez stated he wanted to develop Lots 18 and 19 now; that, later on he would clear off Lots 16 and 17 and develop those. November 17, 1965 Page 10 As there was no one else in the audience desiring to speak PUBLIC HEARING in behalf of or in opposition to Z-279, Mayor Crites, declared DECLARED CLOSED the public hearing closed. Z-279 Discussion followed regarding three 3) covenant and agreements to combine the lots; that the second reading of the ordinance could be held on Lots 18 and 19 and Lots 20 and 21 and take action on Lots 16 and 17 at this time; that this could be accomplished with, three ordinances. As there were no objections, Mayor Crites reopened the P.H. ON Z-279 public hearing on Z-279. REOPENED Mr. Marquez stated as he understood Lots 18 and 19 would be changed to C-2 right now; that Lots 16 and 17 would be left as they were and he would-have to apply for the rezoning later. City Attorney Flandrick stated if he understood the Council's direction that the rezoning was to take place on Lots I8 and 19 as soon as the law permits the adoption of the ordinance; that a second ordinance would cover Lots 16 and 17 but apparently would be held and would not be adopted; that no further application or hearing would be required but it would be held until the buildings 2ND READING OF ORD. located on Lots 16 and 17 were demolished and that Lots TO BE HELD ON LOTS 20 and 21 would be in the same category. 16 AND 17 UNTIL BLDGS. DEMOLISHED Councilman McCaron stated he did not think necessarily Lots 20 and 21 should be held as he was using the property commercially but he did believe that Lots 16 and 17 should be held up. City Attorney Flandrick stated that a single ordinance could be presented rezoning Lots 18, 19, 20 and 21 and a second ordinance on Lots 16 and 17. Councilman McCaron stated it should be explained to the applicant that this meant if it Lots 20 and 21) went to C-2 at the present time any improvement to the house behind the barber shop would require a variance. Mr. Marquez stated there was more room to build on Lots 20 and 21; that when the time came he would be willing to give up the residence in the back and use it for storage or something; that he would not do this right away. As there was no one else in the audience desiring to speak in behalf of or in opposition to Z-279, Mayor Crites again declared the public hearing Closed. As there were no objections, Mayor Crites instructed the City Attorney to bring back these ordinances ready for first reading according to the program of Lots 16 and 17 as one parcel and tt* bel~ of U lots 18, 19, 20 and 21 as 0 alplsriltfe jpl> r` 1 PUBLIC HEARING AGAIN DECLARED CLOSED Z-279 COUNCIL INSTRUCTfON CITY ATTY. TO BRING BACK ORD. FOR LOTS 16 AND 17 AS ONE PARCEL AND THE BALAN( OF IT LOTS 18, 19, 20 AND 211 AS A SEPARATE PARCEL BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0 Í«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 Z_V-I 32, an appeal from condi- tion of approval of BZA an application submitted by W. L. Burns for a Zone Variance to vary with Section 9520, Sub- section I of the Baldwin Park Zoning Ordinance No. 357, to allow the construction and use of an additional two-car garage in the R-1 single family residential) Zone upon property located at 14222, 14224, 14226 Clark Street. City Clerk Balkus stated that proper publication, postings, and mailings had been accomplished. November 17, 1965 Page 11 PUBLIC HEARING ZV-132, APPEAL FROM CONDITION OF APPROVAL OF BZA, REQUEST TO VARY WITH SECTION 9520, SUBSECTION I OF B.PI. ZON. ORD. NO. 357, TO ALLOW CONSTRUCTION AND USE OF ADt) I T I ONAL TWO-CAR GARAGE IN R- I ZONE AT 14222, 14224, 14226 CLARK ST., W. L. BURNS PUBLICATION, POSTINC: MAILINGS Planning Director Chivetta presented a resume of the case RESUME stating that Mr. Burns reason for appealing the Board's decision was based on the amount of street dedication and improvement for future widening of Clark Street that he would be required to accomplish prior to obtaining final approval for the proposed garage. He stated it was the recommendation of the staff that the City Council concur with the Board's Resolution No. BZA 65-66 adopted on October 13, 1965. He pointed out the map on the wall showing the existing zoning and a plot plan. TESTIMONY IN BEHALF OF THE REQUEST WAS CALLED FOR BY TESTIMONY IN BEHALF MAYOR CRITES. Mr. W. L. Burns, 14224 Clark Street, Baldwin Park, stated W. L. BURNS, 14224 he was protesting the donation.of the five 5) foot of Clark St., B.Pk. property and all the expenses of.widening the street; that as far as he was concerned the road was now adequate to take care of all of the traffic; that when the shopping center goes in and the traffic was heavier it was certainly not the obligation of the tax payers along Clark to pay for; that this was a City matter; that if the street was widened the City was going to have to pay for that property; that the City could not expect the property owners to donate it. In answer to a question by Councilman McCaron, City Engineer French stated the width of the pavement at this time was forty 40) feet; that there was no widening of the street itself taking place; that the requirement of Mr. Burns was a dedication of five 5) feet and not the widening of the street but the installation of sidewalks similar to what was required of the shopping center; that in Mr. Burns' letter he notes that there was a forty 40) foot street and a ten 10) foot parkway; that was the problem; that there was only five 5) feet behind the curb and the standard for Baldwin Park was ten 10) feet. Discussion followed. Councilman Morehead stated over a period of months and years there had been quite a bit of private improvement throughout the City such as Mr. Burns proposed; that for quite some time on an improvement such as this, in order to get this variance a property owner had been required to dedicate and put in the street improvements. Further discussion followed. Councilman Morehead stated his understanding of the Board of Zoning Adjustments requirements was-that Mr. Burns was only opposing the five 51 foot dedication and the improve- ment of the sidewalk and that was all that was required for him to get this variance. 0 Continued) BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0 1965 11 17 CC MINHÄ—@¸—0 Í«Regular Meeting of the Baldwin Park City Council November 17, 1965 2622 Page 13 Crespo's property which the staff had taken. He stated the staff was of the opinion that the Board's approval for both cases was not unreasonable nor could the ae•:elop- ment as proposed by Dr. Kournas be considered as becoming detrimental to the surrounding properties and it w:?_- therefore the staff's recommendation that the Council concur with Resolution BZA 65-63 and BZA 65-64. He pointed out on the wall a rendering of the subject property showing the pro- posed convalescent hospital complex, a plot plan sou+wing the property and the structures as they would exist on the parcel and the parking to be provided and a map showing the existing zoning of the area. He further pointed out that Mr. Crespo's property was located directly to the rear of the proposed development and was only accessible through the parking lot of Chardon's Restaurant or around through an easement that could be taken as an alley. TESTIMONY IN BEHALF OF THE REQUEST WAS CALLED FOR BY TESTIMONY IN BEHALF MAYOR CRITES. Mr. Milton Hadley, Attorney for Dr. Koumas, 14304 East MILTON HADLEY, ATTY. Ramona Boulevard, stated as was indicated by the Planning FOR DR. KOUMAS, 1430'' Director these two ordinances were approved by the E. Ramona Blvd. Board of Zoning Adjustments; that he thought the Council would be acting as the Appellate or Supreme Court and looking to the sufficiency of the evidence as to whether there was sufficient evidence to support the finding of the Board of Zoning Adjustments; that at this time he thought one of the prime considerations that must be looked to as far as Baldwin Park was concerned was the effect that this would have upon the community in a long range plan; that there had been population studies made, Baldwin Park being presently a town of something over 40,000 people with the area served by the Citrus Court being populated with 350,000 to 400,000 people; that by 1970 it was anticipated that the area served by the Citrus Court would have a population of something over 700,000; that this meant that Baldwin Park likewise was going to have a tremendous population influx within the next ten 10) years; that facilities had to be provided for this population of which this proposal was anticipated, this being a convalescent hospital to supplement the various hospitals within the area to provide a convalescent home for patients who were recuperating; that this establishment would cost in excess of $300,000.00; that the property belonging to the party making this appeal had some valuation, basing on $.50 per square foot it being approximately 5,000 square foot, of approximately $2500.00 against a $300,000.00 establishment; that the taxes, based on the formula that Watson had set forth the comparative tax bases, would indicate the convalescent home paying taxes something In the neighborhood of $7,000.00 whereas the party appealing this action presently pays taxes of approximately $60.00 if it was valued somewhere in the neighborhood of fair market value of $2500.00; that this establishment if approved would not add any additional burden on the schools; that it would bring in a sizeable amount of revenue; that it was contended that this particular property would be damaged by reason of construction of this hospital; that this was a substandard residence which was probably nonconforming and subject to condemnation; that he did not think, in his opinion, that it would be damaged in any way; that it was presently for sale; that there were for sale signs posted on the property; that it was practically landlocked; that there was some conversation between the representative of the appellate in this matter, Mr. Crespo, and Dr. Koumas wherein Mr. Crespo indicated that perhaps he had a family and perhaps he would like to build a larger house on this property; that as far as he could see this was a matter of fantasy to remove this house and build a larger more expensive home on this piece of property which was land- locked as it was with only prescriptive or an easement Continued) BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«Regular Meeting of the Baldwin Park City Council November 17, 1965 Page 14 by necessity to gain access to his particular piece of property; that the piece of property which was shown in these photographs was, at one time, from the informa- tion that he could discover a portion of property that ran along beside Chardon's Restaurant all the way back to where this house was located; that there was at some time evidently a lot split which had created this small 50 x 100 foot lot to the rear back in the center of the whole block; that he did not see that there could be any damage to the home or to the residence of Mr. Crespo; that the plans for this convalescent hospital set forth that the height of the hospital would be no more than ten 110) feet high; that actually it would be somewhat less than ten 10) feet high; that it would be set back some five 151 feet from the property line; that there would be a concrete or masonry wall around the premises which would be six 16) feet high; that this was as recommended and a conditiona that was placed on the conditional use permit; that they therefore had some- thing less than four 41 feet additional height five 15) feet away from the property which Mr. Crespo contended would tend to devalue his property; that in this particular instance the balancing of the equities involved had to be looked at; that on one hand they were upgrading this area with the establishment of something in excess of $300,000.00; that on the other hand there was some incentive created here by Mr. Crespo to utilize his property to something other than its present use; certainly Its present use as it was now constructed was not going to be usable for much longer; that it was the position of Dr. Koumas that this would have no adverse effect upon the adjacent property; that he had checked both with the property owner to the west, who was in favor of this undertaking; that he had checked with the property owners to the east, who were the owners of the Chardon Restaurant, and the Snyders Market; that they, likewise, were very favorable to this type of a development; that Or. Koumas had associates in this matter who would be partially interested in this development; that this would be solely owned and developed by local doctors; being Dr. Koumas, Or. Laskowski, Dr. Foster, Dr. Gordon, Dr. Hagerman and Dr. Jacobson; that in his opinion and in the opinion of the developers this establishment would be something that the City could be proud of; that it had a Spanish motif in its decorations; that Dr. Koumas and his associates accepted the conditions imposed by the Board of Zoning Adjustments and would readily comply therewith; that he had a photograph of the rendering which was presented to the Board of Zoning Adjustments for the Council's inspection. City Attorney Flandrick stated this picture should be market as an exhibit; that with all due respect to Mr. Hadley the Council was not the Supreme Court and the analogy did not stand up; that the Council must conduct a public hearing to determine whether the zoning variance should be granted and whether the conditional use permit should be granted in the same manner as the Board of Zoning Adjustments; that the same facts were required to be shown and so forth. Mr. Hadley stated Dr. Koumas was in the audience and would answer any questions concerning the exact facilities that were proposed or that would be given at the convalescent hospital; that the architect who prepared the plans was sks present. TESTIMONY I N OPPOSITION TO JW EST WAS CALLED FOR $Y T£ ST+MONY IN DPPOS E-. MAYOR CRITES. TION tCont i nued BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«I Regular Meeting of the Baldwin Park City Council Mr. August J. Goebel, Attorney at law, 3935 East Huntington Drive, Pasadena, stated he was associated on this matter with Mr. Dale Castleton, an attorney from Arcadia; that they jointly represented Mr. and Mrs. Israel Crespo, owners of the real property at 4025 North La Rica which property abuts the property of Dr. Koumas on the north; that he had Mr. Crespo present if there were any questions to ask of him; that he appreciated the opportunity to speak to each of the Council and appreciated the comments of the City Attorney which saved him from having to point out that as he understood the law in.these matters this was a hearing de novo and for that reason they were in substance starting all over again; that he wanted to ask the Plan- ning Director or the architect or Dr. Koumas and his associates the front yard setback for the building as proposed. Planning Director Chivetta stated that the Code required a ten 10) foot front yard setback; that the applicant was meeting this requirement; that the applicant was not exceeding the requirement of the front yard setback; that there was an overhang which was permissive to encroach into the front yard setback. Mr. August J. Goebel stated that while they as counsel for Mr. and Mrs. Crespo appealed both decisions they were not so much concerned with the intended use to be made of the land, namely the conditional use permit granted but they were more concerned with the manner in which it was to be used, namely, the granting of the variance for the five 5) foot rear yard setback; that members of the Council had been shown photos this evening; that he had been on the property and had inspected the file of the Planning Depart- ment; that he recognized the proposed development of Dr. Koumas would in all probability enhance this property and enhance an area that could well stand some improvement, particularly the frontage on Ramona Boulevard; that he had no quarrel with this; that the basic issue as presented was as this zone variance that had been granted effects the property owned by Mr. and Mrs. Crespo; that he would like to point out that Mr. and Mrs. Crespo were not Johnny come Letelys"; that they purchased this property as their home in 1954; that they resided there continuously since that time; that they resided there now with their six 6) children; that he would also point out that they owned this home free of encumbrance; that he also recognized and it was obvious from the pictures that this was a little house and it was not in the best of condition; that this home was their castle; that he was amazed to hear Mr. Hadley blithely skip over the rights of a home owner and say that this development was going to be a $300,000.00 development and Mr. and Mrs. Crespo sit there, in his opinion, with property worth $2500.00; that he points out the tax advantages to public agencies; that this, he did not think should be a determining criteria; that two of the bedrooms of the house were to the rear of the house or immediately abutting the property of Dr. Koumas; that in these two bedrooms sleep four young girls; that this property of Mr. and Mrs. Crespo, he was sure, was not in excess of five 5) feet from a rather run down fence; that he was too aware of the fact that Mr. and Mrs. Crespo have had this property up for sale for some time, in fact, since 1963, which incidently was the same time, that he understood from the application, that Dr. Koumas purchased his property; that it was obvious that it had not sold; that it was likewise obvious from what Mr. Hadley told here this evening that it was not going to sell; that it was likewise obvious that Mr. and Mrs. Crespo were therefore going to have to stay there; that they had talked about putting up a new home and again where they had their property free and clear they had some chance, however, to Continued) 262:4 November 17, 1965 Page 15 AUGUST J. GOEBEL, Atty. at law, 3935 E. Huntington Dr., Pasadena BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«2 06 Regular Meeting of the Baldwin Park City Council put up a new home certainly they were going to have to obtain a construction loan; that he thought all anyone would need to do was try to envisage a lending institu- tion making a residential construction loan on this particular property with a convalescent hospital located some five 5) feet away from'a block well six 161 feet high, the hospital being ten 10) feet high; that in substance there was a bedroom about ten 10) feet away from the building itself; that the resolution adopted and presented by the Board of Zoning Adjustments stated facts required by Section 9471 of the variance ordinance of Baldwin Park. He read the first fact required and read what the applicant had stated in their application in answer to this question stating that the design was not a magic design; that design could be changed; that he would submit that the answer really said nothing other than they want to use all available property to the maximum use; that he would submit that those were not exceptional circumstances; that everyone wants to use their property to the maximum, however, City Councils generally have to cause some limitation to the use that people make of property. He read the second fact required and read what the applicant had stated in their application in answer to this question stating that he did not see anything about preservation and enjoyment of substantial property rights; that nothing was said about rights possessed by other properties similarly situated to a five 5) foot rear yard so we"must assume that other property similarly situated just did not have this right. He read the third fact required and read what the applicant had stated in their application in answer to this question stating here was the crux, of the whole problem; that this was the reason that he was here, namely, the effect on Mr. and Mrs. Crespo's property; that here was really why they came to the Council as a public guardian and were seeking help; that first of all he would say that he regreted that Mr. and Mrs. Crespo did not make their position known at the first hearing; that he thought had they done so again probably he would not be here. He stated let us examine the facts on this particular issue, the detriment to their property; that first of all why did cities have setbacks; that he thought one reason surely was to minimize noise from adjacent properties and particularly when property was put to a heavy use; that the application stated there would be no windows, only an exit; that to him an exit meant a door, a door meant people and people meant noise some ten 10) feet or less as the people walked, out, certainly closer to five 5) feet from a bedroom of four young girls. Councilman Morehead called attention to the ten minute time limit for persons addressing the Council and asked the Chair to allow this gentleman only one, two or three minutes longer. Mr. Goebel requested four more minutes. Mayor Crites granted this request. Mr. August J. Goebel stated he was takling about setbacks and there was the matter of fire hazards; that here was a building being this close to a residence and conversely a building of this type, the residence being close to the convalescent hospital, certainly five 51 feet from the rear property line was too short; that we" certainly know that a ten 10) foot high building and a six 6) foot wall where the area between the two was not going to be planted nor maintained; that these areas became nothing other than an eye sore and a trash area; that he did not know from the drawing where the trash collection area would be but he would assume in all probability it would be in the rear of the building with further noise. He read the fourth fact required and read what the applicant had stated in their application in answer to this question Continued) November 17, 1965 Page 6 BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«2626 Regular Meeting of the Baldwin Park City Council November 17, 1965 Page 17 stating this answer did not state that other properties where convalescent hospitals were approved were not so close to residential property as the subject property. He further stated that going to Chapter 9402 of the Zoning Ordinance it stated in part as follows The purpose of this Chapter is to promote the public health, safety, welfare and general prosperity with the aim of preserving a wholesome serviceable and active community"; that he would submit that this was a good test for the Council to apply here; that if the Council upheld this variance would the Council be promoting public health would the Council be promoting public safety, would the Council be promoting public welfare and general prosperity, would the Council be preserving a wholesome serviceable and attractive community; that he thought as it affected Mr. Crespo's property the answer was obvious that the Council would not. He further stated that he had other matters that he wanted to cover but he would close with the request that if the Council seriously, earnestly considered the appeal and put themselves in the position of Mr. and Mrs, Crespo with their family living this close to a convalescent hospital where there was a ten 10) foot front yard setback it could be only concluded that five 5) foot was too small for a rear yard setback under these circumstances; that he earnestly ask that the Council sustain this appeal and hence deny the variance. The pictures taken by the staff were handed to Mr. Goebel PICTURES TAKEN BY to examine. STAFF HANDED TO MR. GOEBEL TO EXAMINE In answer to questions by Mr. Goebel, Planning Director Chivetta stated the pictures were taken by the staff; that he had made the notations on the picture in black i nk. IN REBUTTAL, Mr. Eugene A. Wilkinson, Abbott, Wilkinson EUGENE A. WILKINSON, and Associates, Architects, 712 East Alosta, Glendora, Abbott, Wilkinson and stated his rebuttal was being made based on certain state- Associates, Architects, ments made concerning the valuation of property by a loan 712 E. Alosta, company; that his business was building, was designing and Glendora evaluating buildings; that his first statement was to contradict the enhancement of a loan; that if these people were thinking of adding to this property in a residential manner they would not find a lending institu- tion that would be favorable to them based on this being a landlocke' piece of property; that he was unaware of whether they split this property or not but at that time if they were contemplating any expansion it should have been done without a lot split as they now became land- locked and no loan company would go in and risk their money on a residence on this property; that the second rebuttal, of course, was personal concerning whether or not this was a unique design; that he felt it was the designer; that they planned to take advantage of the property and they built courts surrounded with build- ings; that this was why they had the five 5) foot rear yard setback; that they had a lot of land that was not used for building purposes within these courts; that this was for the benefit of the surrounding property as well as their establishment for noise abatement; that the problem of the wall in the rear that under any condition, whether they built within five 5) feet or not,the six foot masonry wall was required; that anyone within five 5) feet of that wall looking out of a bedroom window was not going to look over that wall; that the rear wall had no openings based on fire hazard; that if there were open- ings in the wall then the residents would be in jeopardy; that their design was based on keeping the surrounding property from any jeopardy from the project. Continued) BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«2621 Regular Meeting of the Baldwin Park City Council November 17, 1965 Page 18 In answer to a question by Councilman McCaron, Mr. Wilkinson stated that the building was to be one hour construction completely fire sprinkled. In answer to a question by Councilman MoCaron, Planning Director Chivetta stated in the R-1 Zone structures could not exceed two stories or thirty-five 35) feet In height whichever was less and a five 5) foot sideyard. Councilman Morehead explained that Mr. Goebel had stated that in the event Mr. Crespo rebuilt on the property that his house would be within five 5) feet of this wall; that he believed the setback for R-1 was fifteen 15) feet unless Mr. Crespo came In for a variance. Planning Director Chivetta stated that what Councilman Morehead had reference to was a fifteen 15) foot setback for a rear yard but it would have to be ascertained just where the rear yard would be. City Attorney Flandrick stated he would think this being a rather unique situation, to his knowledge, it was not covered in the Zoning Ordinance as such and assuming that the land that was owned by the appealing party was vacant and he came in for a building permit, in the absence of an agreement between the Planning and Building Department as to which was the front yard line or the front line of the property, it would be a matter for clarification by Planning Commission and City Council. Councilman McCaron asked if Mr. Crespo at any time owned the property in front of him that was now a parking lot. Mr. August J, Goebel stated he had just asked Mr. Crespo that question; that he did not own that property; that in fact it was one of the matters he could not touch upon because he did not have time; that Mr. Crespo told him that was changed to a parking lot, that he cane home one night and the parking lot was in; that Mr. Crespots home was approximately six 6) feet from the parking lot; that probably the photos would indicate some reference. Discussion followed regarding the Chardon's Restaurant and parking for the restaurant. As there was no one else in the audience desiring to speak PUBLIC HEARINGS in behalf of or in opposition to ZV-133 and CP-59, Mayor DECLARED CLOSED Crites declared the public hearings closed. ZV-133 AND CP-59 Councilman McCaron stated they were putting in a court yard that was enclosed by a building In its entirety and if this was to be eliminated and put back to a twenty 20) foot setback and a yard put in the back where the patients would have to use the yard In the back adjacent to the Crespo property, it would appear to be more of a detriment to have patients out there where the Crespo's would be exposed to them more than if they were In an enclosed area. He stated that there had been mention made of some motors which he imagined would be equipment motors and he did not know whether they were to be placed in the back yard or not. Planning Director Chivetta stated that mechanical devices such as compressors and other types should be enclosed behind a solid screened wall; that it was a requirement of the Board's resolution that they be enclosed to muffle any noise but not covered. In answer to a question by Councilwoman Gregory, Mr. Wilkinson stated the garden area would be thirty-five 35) by thirty-five 35) feet; that there would be a six 6) foot square fountain. Continued) BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«I I Regular Meeting of the Baldwin Park City Council COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL CONCUR WITH THE BOARD OF ZONING ADJUSTMENTS AND APPROVE ZV-133. COUNCILMAN MCCARON SECONDED., City Attorney Flandrick stated if this motion carried a resolution would be presented to finalize this action. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, MCCARON, ADAIR, GREGORY AND MAYOR CRITES NOES: NONE ABSENT: NONE COUNCILMAN MCCARCNMOVED THAT THE CITY COUNCIL CONCUR WITH THE OF THE BOARD OF ZONING ADJUSTMENTS WITH THE EX F 1 CF SECTION 2 d) REGARDING THE EQUIPMENT THAT Gr,T BE SET I N THE BACK YARD THAT WOULD CREATE Dl:,'TIJR1NCE AS FAR AS SLEEPING WAS CONCERNED TO THE PEOPLE N_XT THAT I F THERE WERE ANY THAT WOULD BE A NUISANCE 1--.T THEY BE COMPLETELY ENCLOSED OR IN SUCH A WAY SO IN TAALLED THAT THEY IACULD NOT BOTHER ANYONE SLEEPING. City Attorney Flandrick asked if Councilman McCaron intended a full enclosure including a roof as well as walls. Councilman McCaron,stated yes or placed in another area; that if venting was required he would say that it should be set up at an altitude that it would almost abate all of the noise. COUNCILMAN MOREHEAD SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MCCARON, MOREHEAD, ADAIR, GREGORY AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- AT 9:46 P.M. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL RECESS FOR TEN MINUTES. COUNCILWOMAN GREGORY SECONDED. There were no objections, the motion carried and was so ordered by Mayor Crites. 00- The Roll Call was called for by Mayor Crites which was the same as at the beginning of the meeting. 00- City Clerk Balkus announced that it was the time and place fixed for a public hearing on R-149, an appeal from the denial of the Planning Commission, an application submitted by H. L. Lane for a relocation of a duplex from 235-237 Mullberry Street, Pasadena, California, and two 4) unit apartments from 141-147 Colorado Boulevard, Arcadia and two single family units each over a five-car garage from 143-149 Colorado Boulevard, Arcadia to 3144 Big Dalton Avenue. Continued) 2628 November 17, 1965 Page 19 MOTION MADE AND CARRIED THAT COUNCIL CONCUR WITH BZA AND APPROVE ZV-133 MOTION MADE AND CARRIED THAT COUNCIL CONCUR WITH RES. OF BZA WITH EXCEPTION OF SECTION 2 d) BE EQUIPMENT THAT MIGHT BE SET IN BACK YARD THAT WOULD CREATE ANY DISTURBANCI AS FAR AS SLEEPING WAS CONCERNED TO PEOPLE NEXT DOOR; THAT IF THERE 15 ANY THAT WOULD BE A NUISANCE THAT THEY BE COMPLETELY ENCLOSE( OR IN SUCH A WAY SO INSTALLED THAT THEY DO NOT BOTHER ANYONE SLEEPING RECESS AT 9:46 P.M. RECONVENED AT 9:56 P.M. ROLL CALL PUBLIC HEARING R-I49, APPEAL FROM DENIAL OF P.C., REQUEST FOR RELOCA- TION OF DUPLEX FROM 235-237 MULLBERRY ST., PAS., AND TWO 4) UNIT APARTMENTS FROM 141-147 COLO- RADO BLVD., ARCADIA, AND TWO SINGLE FAMILY UNITS EACH OVER A FIVE-CAR GARAGE FROM 143-149 COLORADO BLVD., ARCADIA TO 3144 BIG DALTON AVE., H.L. LANE BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«2629Regular Meeting of the Baldwin Park City Council November 17, 1965 Page 20 City Clerk Balkus stated that proper publication, postings, PUBLICATION, and mailings had been accomplished. POSTINGS, MAILINGS Planning Director Chivetta presented a resume of the case RESUME and stated the Planning Commission had adopted Resolution No. PC 65-48 denying the request on October 27, 1965. He stated it was the opinion of the staff that the majority of the Planning Commission would be in favor of the applicant's proposal if the proposal were revised to eliminate the structures from Pasadena and would be in full accord with the Council if the Council were to make this revision a condition for approval for the relocation. He pointed out on the wall some elevation renderings showing the existing structures, a plot plan and a map showing the existing zoning of the area. TESTIMONY IN BEHALF OF THE REQUEST WAS CALLED FOR BY TESTIMONY IN BEHALF MAYOR CRITES. Mr. H. L. Lane, 17337 Grovecenter Street, Covina, stated H. L. LANE, he realized now that he had an opportunity to express if 17337 Grovecenter he would be willing to delete this one building; that this St., Covina was why he was back with an appeal to delete this one build- ing; that in fact it had been deleted; that they no longer had it; that they would be making some improvements in the front of the buildings if they were able to put them in on this lot at a later date when they could arrange financing; that they also were going to make more improve- ments to the buildings than the correction sheet would call for; that they intended to keep the property as an investment; that he thought there should be consideration of the back- ground of himself as an applicant and contractor on the project; that he was asking to read an open letter for the record; that the letter stated To Whom It May Concern: Mr. Earl Lane has, in the past five 5) years moved approximately ten 10) single family homes in this City. I have not known of any problems created by his construction activity and workmanship in all cases has been satisfactory. He has been cooperative and met the restrictions of the City in all cases. Yours truly, William Fowler, Building and Safety Director of the City of West Covina". In answer to a question by Councilman McCaron, it was explained with the plot plan and shown how the buildings would be oriented with the deletion of the buildings from Pasadena. In answer to questions by Councilman McCaron, Planning Director Chivetta stated the proposed development would meet all of the required setbacks in the R-3 zone; that the property now was a legal nonconforming use and the single family dwelling would have to be razed or connected in such a manner to make the complex appear as one which the applicant was proposing to do. Continued) BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«I Regular Meeting of the Baldwin Park City Council Councilman;McCaran stated that-in the center of,this block,. there had been a design made for a future street and asked if this property had any bearing on that-street, Planning Director Chivetta stated there was no street proposed to the rear on the Community Design Element. City Attorney Flandrick stated that Mr. Lane was advised at the time of the hearing before-the Planning Commission that by reason of the existence of the single family dwell- ing complex in front, this would be a nonconforming use due to the zoning and if it was going to be approved he would either have to eliminate and remove the existing structure or apply for a zone variance because of its nonconforming status. Mr. Lane stated he thought that was cleared up by joining the building with the other structures; that he understood this building would then become a multiple dwelling and it would be conforming. City Attorney Flandrick stated that apparently would be another solution to the problem as long as it met the Building Codes. As there was no one else in the audience desiring to speak In behalf of or In opposition to R-149, Mayor Crites declared the public hearing closed. Further discussion followed regarding the possibility of a future street to the rear. As there were no objections, Mayor Crites declared the public hearing reopened. Mr. Lane stated the property was zoned R-3, therefore it was desirable to develop multiple structures; that there was already development on both sides of this particular lot and at the rear not too far from the rear property line; that he doubted that the property owners would want a street in there. Councilman McCaron brought out that there had been a zone change denied in this area because of the possibility of a future street plan. Mr. Lane stated he had to have the buildings off of the site by December 4, 1965. As there was no one else In the audience desiring to speak In behalf of or in opposition to R-149, Mayor Crites again closed the public hearing. COUNCILMAN MOREHEAD MOVED THAT R-149 BE APPROVED WITH THE DELETION OF THE PROPERTY AT 235-257 MULLBERRY STREET IN PASADENA. COUNCILMAN ADAIR SECONDED. The motion carried by the following votes AYES: COUNCILMEN MOREHEAD, ADAIR, GREGORY, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE City Attorney Flandrick stated this would include compliance with the plot plan as presented and the Building and Zoning Regulations. Councilman McCaron asked that the Planning Director investi- gate the future street for that area. Continued) November 17, 965 2630 Page 21 PUBLIC HEARING DECLARED CLOSED R-149 PUBLIC HEARING DECLARED REOPENED R-149 PUBLIC HEARING AGAIN CLOSED R-149 MOTION MADE AND CARRIED THAT R-149 BE APPROVED WITH DELETION. OF PROPERTY AT 235-237 MULL- BERRY ST. I N PAS. BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«Regular Meeting of the Baldwin Park City Council 2631 Planning Director Chivetta stated he would see if there was anything in the files that related to such',a'street and bring It before the Planning Commission for their recommendation. City Clerk Balkus announced that it was the time and place fixed for a public hearing on a Short Form 1911 Act for the improvement of curbs, gutters and sidewalks on the south side of Pacific Avenue between Big Dalton Avenue and Puente Avenue. City Clerk Balkus stated that proper postings`and mailings had been accomplished and that no written protests had been received. City Engineer French stated this matter was set for public hearing by Resolution No. 65-163. TESTIMONY IN OPPOSITION TO THE PROPOSED IMPROVEMENTS WAS CALLED FOR BY MAYOR CRITES. Clara Franklin, 14850 East Ramona Boulevard, Baldwin Park, stated she wanted to know what they intended to do and If the property would be graded for drainage; that there had been problems with her driveway; that she was not protest- ing but wanted a better job than she had received as re- gards drainage; that they had ruined her driveway on Howellhurst. City Engineer French stated Mrs,. Franklin's problem con- cerned a 1911 Act improvement on.Howellhurst which was done In 1959 and there was a problem where Howe llhurst came into Puente; that this problem was solved. He further stated that before the Council now was the installation of curbs and gutters that would adjoin existing curb and gutter on both sides of Mrs. Franklin's property; that there were four properties involved and they were all In one section on Pacific between Puente and Big Dalton on the south side; that this curb and gutter would be put in at the grade already established; that it would be constructed with the City's standards and it would drain; that if Mrs. Franklin had a drive there, and he was sure she did, there would be a cement apron constructed and it would be con- structed in such a manner that It would hold the water within the street area to the top of curb grade. Clara Franklin asked what the cost would be per foot. City,.Engineer French stated in round numbers Including the drive It would be approximately $5.00 to $5.50 per foot for curb, gutter and sidewalk. As there was no one else In the audience desiring to speak in behalf of or in opposition to this Short Form 1911 Act, Mayor Crites declared the public hearing closed. City Clerk Balkus read Resolution No. 65-174 by title as follows: RESOLUTION NO. 65-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BA LDW I N PARK MAKING FINDINGS AND OVERRULING PROTESTS AND OBJECTIONS AND ORDERING THE SUPERINTENDENT OF STREETS OF THE CITY OF BALDWIN PARK TO CONSTRUCT CURBS, GUTTERS, AND SIDEWALKS November 17, 1965 Page 22 PLAN. DIRECTOR TO CHECK FILES RE FUTURE STREET PUBLIC HEARING SHORT FORM 1911. ACT CGS SO. SIDE OF PACIFIC AVE. BETWEEN BIG DALTON AVE. AND PUENTE AVE. POSTINGS, MAILINGS NO WRITTEN PROTESTS TESTIMONY IN OPPOSITION. CLARA FRANKLIN, 14850 E. Ramona Blvd., B.Pk. NOT A PROTEST PUBLIC HEARING DECLARED CLOSED RES. NO. 65-174 MAKING FINDINGS AND OVERRULING PROTESTS AND OBJECTIONS AND ORDERING SUPT. OF STREETS OF CITY OF B.PK. TO CONSTRUCT CGS IN ACCORD. WITH CITY OF B.PK. STANDARD PLANS AND SPECS. CONFORMING Continued) Continued) BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«I Regular Meeting of the Baldwin Park City Council IN ACCORDANCE WITH THE CITY OF BALDWIN PARK STANDARD PLANS AND SPECIFICATIONS CONFORMING WITH EXISTING CURBS, GUTTERS AND SIDE- WALKS CONSTRUCTED UPON THEM FAC- ING PACIFIC AVENUE" COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-17L 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 MOREHEAD NOES: NONE ABSENT: NONE 00- City Clerk Balkus announced that It was the time and place fixed for a public hearing on Short Form 1911 Acts on property located on Center Street and Pacific Avenue and for hearing protests or objections to the Report of the Superintendent of Streets. City Clerk Balkus stated that proper postings and mailings had been accomplished. City Engineer French stated the construction had been com- pleted and this was a public hearing to establish the costs, the property owners would then be billed and they would have five days to make payment; that If payment was not made the City Clerk would record the resolution with the County Recorder and send a copy to the County Assessor for collection on the tax bill. Resolution Nos. 65-175 and 65-176 were read by title as follows: RESOLUTION NO. 65-175 RESOLUTION NO. 65-176 A RESOLUTION OF THE CITY COUNC I L OF THE CITY OF BALDWIN PARK MAKING FINDINGS AND OVERRULING PROTESTS AND OBJECTIONS AND CONFIRMING THE REPORT OF SUPERINTENDENT OF STREETS AND THE ASSESSMENT AGAINST THE PROPERTY THEREIN DESCRIBED WHICH FRONTS UPON THE IMPROVEMENTS SO CONSTRUCTED; CONSTITUTING THE SPECIAL ASSESSMENT A LIEN UPON THE PROPERTY; ORDERING THE COST OF THE WORK TO BE ENTERED IN THE CURRENT ASSESSMENT ROLL AND ESTABLISHING AN INTEREST RATE ON ALL UNPAID ASSESSMENTS" As there was no one else in the audience desiring to speak in behalf of or in opposition to these Short Form 1911 Acts, Mayor Crites declared the public hearing closed. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL APPROVE RESOLUTION NO. 65-175 AND THAT 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 Continued) November 17, 1965 2E 32 Page 23 WITH EXISTING CGS CONSTRUCTED UPON THEM FACING PACIFIC AVE. RES, NO. 65-171. ADOPTED PUBLIC HEARING SHORT FORM 1911 ACTS FOR PROTESTS OR OBJECTIONS TO REPORT OF SUPT. OF STREETS CENTER STREET AND PACIFIC AVE. POSTINGS, MAILINGS RES. NO. 65-175 RES. NO. 65-176 MAKING FINDINGS AND OVERRULING PROTEST AND OBJECTIONS AND CONFIRMING REPORT OF SUPT. OF STREETS AND ASSESSMENT AGAINST PROPERTY THEREIN DESCRIBED WHICH FRONTS UPON IMPROVEMENTS SO CON- STRUCTED; CONSTITUT- ING SPECIAL ASSESS- MENT LIEN UPON PROPERTY; ORDERING COST OF WORK TO BE ENTERED I N CURRENT ASSESSMENT ROLL AND EST. INTEREST RATE ON ALL UNPAID ASSESS- MENTS PUBLIC HEARING DECLARED CLOSED RES. NO. 65-175 ADOPTED BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«X3`2 Regular Meet i ny, of the Ba I dwi n Park C,i ty,;.Counc*i I COUNCILWOMAN GREGORY MOVED THAT RESOLUTION Np.,65&-176 BE APPROVED AND. FURTHER READING BE WAIVED. COUNCILMAN MOREHEAD SECONDED:. The motion carried by the. following vote: AYES: COUNCILMEN GREGORY, MOREHEAD, ADAIR, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- City Clerk Balkus read Resolution No. 65-182 by title as follows: RESOLUTION NO. 65-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING LYNN H. COLE TO THE PERSONNEL BOARD OF THE CITY OF BALDWIN PARK" COUNCILMAN.MOREHEAD.MOVED THAT RESOLUTION.NO. 65-182 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN ADAIR SECONDEQ. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, ADAIR, GREGORY, MCCARON AND MAYOR CRITES NOES NONE ABSENT: NONE 00- November 17, 1965 Page 24 RES. NO. 65-176 ADOPTED RES. NO. 65-182 APPOINTING LYNN H. COLE TO PERSONNEL BOARD OF CITY OF B.PK. TERM TO EXPIRE APRIL 1, 1969 RES. No. 65-182 ADOPTED City Engineer French reviewed his report on the release RELEASE OF BONDS of bonds for Tract No. 23550 stating that all of the TRACT NO. 23550 improvements had been installed in accordance with the approved plans and specifications; that the street lights had not been connected and it was recommended that the bonds be released but that the cash deposit be held until CASH DEPOSIT TO BE receipt of all of the charges. HELD UNTIL RECEIPT OF ALL CHARGES COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL ACCEPT BONDS RELEASED THE RECOMMENDATION OF THE CITY ENGINEER AND ORDER THE RE- LEASE OF BONDS FOR TRACT NO. 23550). 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 Engineer French reviewed his report on the initiation INITIATION OF SHORT of a Short Form 1911 Act for the improvement of Puente Ave. FORM 1911 ACT FOR between Badillo Street and Cleary Drive stating this was IMPROVEMENT OF PUEN for curb and gutter; that in excess of 50% of the block had AVE. BETWEEN BADILL( been improved; that, in fact, there were only two properties ST. AND CLEARY DR. that did not have curb and gutter. City Engineer French read Resolution No. 65-178 by title as follows: RESOLUTION NO. 65-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS INTENTION TO CAUSE THE CONSTRUC- TION OF CURBS AND GUTTERS PURSUANT TO THE PROVISIONS OF SECTION 5870 ET SEQ OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA" RES. NO. 65-178 DECLAR. INTENT. TO CAUSE CONSTRUCTION OF C AND G PURSUANT TO PROVISIONS OF SECTION 5870 ET SEQ OF STREETS AND HIGH- WAYS COOS OF STATE OF CALIF. Contin d) BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«Regular Meeting of the'Baidwin Park City Couricil City Clerk Balk-6s read Ordinance No. 129 by title-as follows: ORDINANCE NO. 429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 9300, 9304, 9305 AND 9306 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO LOT SPLITS" COUNCILWOMAN GREGORY MOVED THAT FURTHER READING OF ORDINANCE NO. 429 BE WAIVED. COUNCILMAN MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered by Mayor Crites. COUNCILWOMAN GREGORY MOVED THAT ORDINANCE NO. 429 BE ADOPTED. COUNCILMAN MOREHEAD SECONDED. The motion carried by the following vote: AYES: COUNCILMEN GREGORY,•MOREHEAD, ADAIR, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- Ordinance No. 431 was read by title as follows: ORDINANCE NO. 431 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE ZONING MAP OF SAID CITY, AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE R-I TO ZONE C-2 ZONE CASE NO. Z-279; PART I)" COUNCILMAN MOREHEAD MOVED THAT ORDINANCE.NO. 431 BE INTRODUCED AND FURTHER READING BE WAIVED. COUNCILMAN MCCARON SECONDED. The motion carried by the following vote AYES: COUNCILMEN MOREHEAD, MCCARON, ADAIR, GREGORY AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- Ordinance No. 432 was read by title as follows° ORDINANCE NO. 432 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE ZONING MAP OF SAID CITY, AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE R-I TO ZONE C-2 ZONE CASE NO.` Z-279; PART 2)" OUNCILMAN MOREHEAD MOVED THAT ORDINANCE NO. 432 BE INTRODUCED AND FURTHER READING BE WAIVED. COUNCILMAN MCCARON SECONDED. The motion carried by the following vote AYES: COUNCILMEN MOREHEAD, MCCARON, ADAIR, GREGORY AND MAYOR CRITES NOES NONE ABSENT: NONE zs November 17, 1965 Page 25 ORD. NO. 429 AMEND. SECTIONS 9300, 9304, 9305 AND 9306 of B PK MUN. CODE, RE LOT SPLITS FURTHER READING OF ORD. NO. 429 WAIVED ORD. NO. 429 ADOPTED ORD. NO. 431 AMEND. ZON. MAP OF CITY AND REZONING CERTAIN HEREIN DES- CRIBED REAL PROPERTY FROM ZONE R-1 TO ZONE C-2 ZONE CASE NO. Z-279; PART 1) Lots 18-21, Tract No. 10104 ORD. NO. 431 INTRODUCED AND FURTHER READING WAIVED ORD. NO. 432 AMEND. ZONING MAP OF SAID CITY, AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE R-1 TO ZONE C-2 ZONE CASE NO. Z-279; PART 2) ORD. NO. 432 INTRODUCED AND FURTHER READING WAIVED 00- BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«26 3 5 Regular Meeting of the Baldwin Park City Council' Resolution No. 65-183 was read by title as follows RESOLUTION NO. 65-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A ZONE VARIANCE APPLICANT: W. L. BURNS; CASE NO. ZV-132)" City Attorney Flandrick stated the City Council had made one change in the conditions as set forth in the Board of Zoning Adjustments's approval; that Subparagraph d) of Section 2 would now read: That the applicant shall construct and install the following improvements on the Clark Street frontage of the subject property': sidewalks and driveway approaches and the repair work on the existing curbs and gutters to accommodate driveway approaches." COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-183 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN MCCARON SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, MCCARON, ADAIR, GREGORY AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- Resolution No. 65-184 was read by title as follows: RESOLUTION NO. 65-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A ZONE VARIANCE APPLICANT: DR. THOMAS KOUMAS; CASE NO. ZV-133)" COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-184 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN ADAIR SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOFEHEAD, ADAIR, GREGORY, MCCARON AND MAYOR CRITES NOES NONE ABSENT: NONE 00- Resolution No. 65-185 was read by title as follows: RESOLUTION No. 65-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND USE OF A FIFTY-NINE 59) BED CONVALESCENT HOSPITAL ON CER- TAIN REAL PROPERTY LOCATED AT 14045 RAMONA BOULEVARD APPLICANT: DR. THOMAS-.KOLWAS; CASE NO. CP-59)" City Attorney Flandrick stated that Subparagraph e) of Section 2 would now read: That all mechanicOl devices located outside November 17, 1965 Page 26 RES. NO. 65-183 APPROVING ZONE VARIANCE APPLICANT: W. L. BURNS; CASE NO. ZV-132) SUBPARAGRAPH d) SECTION 2 RES. No. 65-183 ADOPTED RES. Nb. 65-184 APPROVING ZONE VARIANCE APPLICANT: DR. THOMAS KOI.MAS; CASE NO. ZV-133) RES. No. 65-1814. ADOPTED RES. NO. 65-185 APPROVING A CONDI- TIONAL USE PERMIT TO ALLOW CONSTRUC- TION AND USE OF 59 BED CONVALESCENT HOSP. ON CERTAIN REAL PROPERTY LO- CATED AT 14045 RAMONA BLVD., APPLICANT: DR. THOMAS KOLVUSS CASE NO. CP-59 SUBPARAGRAPH e) SECTION 2 Continued) BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«2636 Regular Meeting of the Baldwi;n Park City Council' of the structures shall be fully enclosed with a six 6) foot high masonry block wall together with a suitable roof to preclude and reduce noise therefrom." COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-185 BE APPROVED AND FURTHER READING BE WAIVED. OOUNCILMAN ADAIR SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, ADAIR, GREGORY, MCCARON AND MAYOR CRITES NOES NONE ABSENT: NONE 00- I Councilman McCaron stated he thought there should:be a time limitation set on Ordinance No. 432 which was being held for second' reading. City Attorney Flandrick stated the applicant would have to be contacted to obtain his signature on the covenant for the single parcel situation; that the staff could.inquire at that time as to approximately when he expected any development on that property and advise the Council at the next meeting, Councilman Morehead asked if it would be legal and proper for the Council to consider adopting an ordinance that would cover all rezonings and within six months to one year's time if this property was not developed as applied for in the zoning it would automatically revert back to.tbe previous zoning. City Attorney Flandrick stated this was the device used by Lakewood, Pico Rivera and one or two other cities; that in the particular ordinance that was rezoning the property they put a condition in saying that if development did not take place by the way of b.uilding.permits on the property and construction within either a period of time or a set date, the effect of the ordinance was terminated-and the property reverted to its prior status as to zoning classifi- cation. Councilman Morehead stated what he had.in mind.was.a separate ordinance stating that any property that was rezoned if it was not developed according to the application it would automatically revert back to the zoning prior to the applica- tion. City Attorney Flandrick stated he thought the legal effect would be the same; that he did not think an ordinance of this type could be upheld but some of the cities were doing it and it seemed to be reasonably effective. Councilman Morehead suggested that the Planning Department could keep a record of all rezonings and if the rezoning was not improved within a certain length of time Council would initiate the rezoning. City Attorney Flandrick stated this could be done; that the Council would have to go through hearings again. Councilman McCaron suggested that there should be a safe- guard or procedure set up to where if a zoning was allowed for a specific use that was the type of use that had to go in. Discussion followed, November 17, 1965 Page 27 RES. No. 65-185 ADOPTED RE ORD. NO. 432 STAFF TO INQUIRE AS TO APPROX. WHEN APPLI CANT EXPECTED DEVELOPMENT AND COUNCIL TO BE AD- VISED AT NEXT MTG. RE ORD. TO REVERT ZONINGS BACK TO ZONING PRIOR TO ZONE CHANGE APPLICATION IF NOT DEVELOPED WITHIN CERTAIN LENGT OF TIME Continued) BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«263'7 Regular, Meeting of the Baldwin Park City Council City Attorney Flandrick stated he thought the Planning Commission was studying this-.very problem now; that they were presently considering' same changes in the R-1 regula- tions; that he thought he recalled their comments that they wished to take on next the commercial zones and rec I,ess i f.y the types of uses and perhaps create some new Zone" designations. Councilman McCaron stated this was not entirely hitting the point he was talking about regarding rezoning of specific cases such as Francisquito and Baldwin Park Boulevard; that this rezoning was done with the intention that there was a complete shopping center to be set into this area. Planning Director Chivetta mentioned the possibility of a Resolution of Intent to reclassify the property when cer- tain conditions were complied with such as street widening, building permit, ground breaking, site planapproved by, the Council and soforth. Discussion. followed regarding the C-2A zoning; that this: was created to keep indtvidui'property owners from developing helter skelter; that there was no use to- deve-lop,an area that was not going to be any better than,' it was before. Planning Director Chivetta stated, in his opinion, this was a means of conditioning a zone change C-2A); that this had been used by some municipalities; that he did not think this was actually a solution; that it had created a pro- blem because it had deterred development because it had increased.the price of property; that maybe-this,,would-be one of the areas that Councilman McCaron was referring to that maybe the Council or someone should initiate a public hearing to reclassify the property back to its original zoning, then as developers came in then reclassify with some controls. 00- Chief Administrative Officer Nordby stated he planned to go to Oakland on Thanksgiving and requested leave-of one day for Friday, November 26, 1965. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL GRANT MR. NOROBY, CHIEF ADMINISTRATIVE OFFICER, ONE DAY LEAVE OF ABSENCE, THE LAST`'WORKING DAY OF NEXT WEEK. COUNCILWOMAN GREGORY SECONDED. There were no objections, the motion carried and was s6°-ordered by Mayor Crites. Councilwoman Gregory mentioned a letter from Mr. Edwin W. Wade of the City of:Long Beach addressed to the Council regarding their increased concern over the wave of violence especially the use of"tea home made product described as a Molotov Cocktail and that they felt that it should be des- cribed in the Penal Code as a felony and requested that the City of Baldwin Park join the City of Long Beach in urging Governor Brown to consider this a special item in this legislative session. City Attorney Flandrick read the letter in full and the attached letter to the Governor. Continued) November 17, 1965 Page +28 POSSIBILITY OF RES. OF INTENT TO RECLASSIFY PROPERTY WHEN CERTAIN CONDI- TIONS HERE COMPLIED WITH; REQ. FOR ONE DAY'S LEAVE BY C.A.O. MOTION MADE AND CARRIED THAT COUNCIL GRANT MR. NORDBY, C.A.O., ONE SAY LEAVE OF ABSENCE, THE LAST WORKING DAY OF NEXT WEEK NOV. 26, 1965) LETTER FROM CITY OF LONG BEACH URGING B.PK. TO JOIN THEM IN URGING GOLERNOR BROWN TO CONSIDER DESCRIBING IN THE PENAL CODE AS A FELONY THE USE OF A HOME MADE PRODUCT DESCRIBED AS THE MOLOTOV COCKTAIL AND OTHER INCENDIARY OBJECTS 1 BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«I Regular Meeting of the Baldwin Park City Council COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL SUPPORT THIS. Discussion followed. COUNCILWOMAN GREGORY SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, GREGORY, ADAIR, MCCARON AND MAYOR CRITES NOES NONE ABSENT: NONE 00- Mayor Crites stated the City of West Covina had a drive on regarding any kind of lewd and smutty material, and they were asking other cities to join in but he had not seen any suggestions from the staff. Mayor Crites stated Mayor Wiggins of El Monte had stated there was another matter they planned to promote; that he thought it was something on the same general line. 00- Councilman Morehead stated it was his understanding the staff was going to have three or four more items regarding nuisance abatement on this Agenda. Chief Administrative Officer Nordby stated there were three public hearings set for December I, 1965; that one of the property owners had indicated he was going to make plans to move ahead and abate the nuisance without going through the entire procedure. Chief Administrative Officer Nordby stated that Special Enforcement Officer Palmer was in the hospital. 00- Mayor Crites suggested that the Reserve Police Officers should be included in the Christmas Card list. Mayor Crites also stated that possibly the Reserve Police Officers should receive a commendation from the City Council or a letter of thanks to these members who served free. Mayor Crites stated he thought when any employee did an outstanding job in whatever field they happened to be in that public mention should be made; that he would like to hear of these cases. 00- Councilwoman Gregory stated in the past the Council had received reports from the Police Department concerning reorganization, advancements, achievements and so forth; that she would appreciate receiving these again. Chief of Police Adams stated this type of report was turned in with the monthly reports. Councilwoman Gregory stated the.Council received some of these but not enough. 00 November 17, 1965 Page 29 X38 MOTION MACE AND CARRIED THAT COUNCIL SUPPORT THIS CITY OF W. COV. DRIVE RE LEWD AND SMUTTY MATERIAL RE NUISANCE ABATEMENT 3 P.H. SET FOR DEC. 1, 1965 SPECIAL ENFORCE- MENT OFFICER PALMER IN HOSPITAL RESERVE POLICE OFFICERS TO BE INCLUDED IN CHRISTMAS CARD LIST SUGGESTION THAT RESERVE POLICE OFFICERS RECEIVE COMMENDATION OR LETTER OF THANKS FROM CITY COUNCIL EMPLOYEE DOING OUTSTANDING JOB SHOULD RECEIVE PUBLIC MENTION REQUEST TO RECEIVE REPORTS FROM POLICE DEPT. RE REORGANIZA- TION, ADVANCEMENTS, ACHIEVEMENTS AND SO FORTH BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 11 17 CC MINHÄ—@¸—0Í«22J 9 Regular Meeting of the Baldwin Park City Council City Clerk Balkus read Resolution No. 65-177 by title as follows: RESOLUTION No. 65-177 RESOLUTION OF THE CITY COUNCIL of Y HE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK" November 17, 1965 Page 30 RES. No. 65-177 ALLOWING CLAIMS AND DEMANDS AGAINST CITY OF B.PK. GENERAL CLAIMS AND DEMANDS NOS. 538- 600 INCL. PAYROLL CLAIMS ANC DEMANDS NOS. 2182- 2601 INCL. COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65;(77 BE.: APPROVED AND FURTHER READING BE WAILED. COUN'CILMAN`ADAIR SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, ADAIR, GREGORY, MCCARON AND MAYOR CRITES NOES NONE ABSENT. NONE Do- AT 11:20 P.M. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL ADJOURN. COUNCILWCAAN GFEGORY SECONDED. There were no objections, the motion carried and was so ordered by Mayor Crites. 00- APPROVED: December 15 1965. RES. NO. 65-177 ADOPTED ADJ. AT 11:20 P M THELP L. LKU CITY CLEM Date of Distribution to City Council December I 1965• Date of Distribution to Departments December I 1965. BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 Í«Regular Meeting of the Baldwin Park City Council City Engineer French stated this was correct; and also the necessary drive approaches. Mr. Burns asked if it would go beyond ten 10) root past where the curb was now; that this would have to a pit in writing; that he would not give anymore than tn.:i City Engineer French stated sometimes on the old curbs there was six 6) inches one way or another; that what was being taken was a sixty 60) foot property line street; that from the centerline of the street to the property tine would be thirty 30) feet; that basically that would be ten 10) feet behind the existing curb face. As there was no one else in the audience desiring to speak in behalf of or in opposition to ZV-132, Mayor Crites declared the public hearing closed. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL DIRECT THE PREPARATION OF A RESOLUTION APPROVING THE ZONE VARIANCE AS REQUESTED INCLUDING ALL OF THE CONDITIONS AS SET FORTH IN THE BOARD OF ZONING ADJUSTMENTS RESOLUTION EXCEPTING d) OF SECTION 2; THAT THE IMPROVEMENTS TO BE INSTALLED WOULD BE SIDEWALKS, DRIVEWAY APPROACHES AND SUCH CURB WORK AS NECESSARY TO FACILITATE THE REPLACEMENT OF DRIVE- WAY APPROACHES. COUNCILMAN MCCARON SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, MCCARON, ADAIR, GREGORY AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- City Clerk Balkus announced that it was the time and place fixed for a public hearing on ZV-133, an appeal from decision of approval'of BZA an application submitted by Dr. Thomas Koumas for a Zone Variance to permit a five 5) foot rear yard in lieu of the twenty 201 foot re- quired by Section 9611, Subsection C 2) of the Baldwin Park Zoning Ordinance No. 357, upon property situated in the C-2 heavy commercial zone) at 14045 Ramona Boulevard AND CP-59, an appeal from decision of approval of BZA an application submitted by Dr. Thomas Koumas for a Condi- tional Use Permit pursuant to Section 9472, Subsection 16 to allow the construction and use of a convalescent hospital upon property located at 14045 Ramona Boulevard. in the C-2 heavy commerciall zone. City Clerk Balkus stated that proper public publication, postings and mailings had been accomplished. Planning Director Chivetta presented a resume of the case and stated the Board of Zoning Adjustments had adopted Resolution Nos. BZA 65.633 and 654K qn October 13, 1,965, approving ZV-133 and CIP-40. I0b qftfted p.kctures of Mr. Continued) November 17, 1965 Page 12 PUBLIC HEARING DECLARED CLOSED ZV-132 MOTION MADE AND CARRIED THAT COUNCIL DIRECT PREP. OF RES. APPROVING ZV AS REQ. INCLUDING ALL CONLl. TIONS AS SET FORTh IN BZA RES. EXCEPT- ING d) OF SECTION 2; THAT IMPROVEMENTS TO BE INSTALLED WOUL^ BE SIDEWALKS, DRIVE- WAY APPROACHES AND SUCH CURB WORK AS NE:; TO FACILITATE RE- PLACEMENT OF DRIVE- WAY APPROACHES PUBLIC HEARING ZV-I33, APPEAL FROM DECISION OF APPROVAL OF BZA, REQUEST TO PERMIT 5 FT. REAR YARD IN LIEU OF 20 FT. REQUIRED BY SECTION 9611, SUB- SECTION C 2) OF B.PK. ZON. ORD. NO. 357, IN C-2 ZONE AT 14045 RAMONA BLVD., DR. THOMAS KOUMAS PUBLIC HEARING CP-59, APPEAL FROM DECISION OF APPROVAL OF BZA, REQUEST PUR- SUANT TO SECTION g'47< SUBSECTION 16 TO ALLOW CONSTRUCTION AND USE OF CONVALF SCFf HOSPITAL IN C-2 ZONE AT 14045 RAMONA BLVD., DR. THOMAS XOUMAS PUBLICAT1,ON, POSTINGS MAILINGS RESUME BIB] 39576-U01 1965-U02 11-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116933-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06