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HomeMy WebLinkAbout1965 12 01 CC MIN1965 12 01 CC MINHÄ—@¸—0 Í«2a 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 Morehead led the salute to the flag. Roll Cali: Present: COUNCILMEN ADAIR, GREGORY, MCCARON, MOREHEAD AND MAYOR CRITES Absent CHIEF OF POLICE ADAMS Also Present CHIEF ADMINISTRATIVE OFFICER NOR7)BY, CITY ATTORNEY FLANDRICK, CITY ENGINEER FRENCH, BU I LD I NG SUPERINTENDENT KALBFLEISCH, PLANNING DIRECTOR CH IVETTA, FINANCE D I RECTOR DUNCAN, CITY TREASURER PUGH AND CITY CLERK BALKUS;;(Lieutenant Harte arrived at 7:43 p.m.) 00- City Clerk Balkus asked that the minutes of November 17, 1965, be deleted from the Agenda. COUNCILI'141AN GREGORY MOVED THAT THE MINUTES OF MAY 20, 1964, JUNE 17, 1964, AND OCTOBER 20, 1965, BE APPROVED AND. FURTHER READING BE WAIVE,,, COUNCILMAN MOREHEAD SECONDED * There were no objections, the motion carried and was so ordered by Mayor Crites. 00- City Clerk Balkus administered the oath of office to Reserve Officer Harry R. Mooneyham and Mayor Crites presented his badge. 00- City Clerk Balkus stated that a Mr. Green had requested to speak udder Oral Communiications, however he was not present. 00- City Attorney Flandrick stated as the Council would recall they had authorized the use of the name of the City of Baldwin Park on an amicus brief before the Supreme Court in the City of Bakersfield's problems with the Hotel Padre; that the Supreme Court had granted a hearing on the matter; that the brief would shortly be on file; that it would be before the Supreme Court on January 3, 1966, 00- Resolution 1!o. 65-189 was read by title as follows: RESOLUTION NO, 65-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IMPOSING CERTAIN VEHICULAR TRAFFIC RESTR4CT1ONS+' Continued DECEMBER i, 1965 7:30 P.M. FLAG SALUTE ROLL CALL MINUTES OF NOV. 17, 1965, DELETED FROM AGENDA MI NUT ES OF MAY 20, 1964, JUNE 17, 1964, AND OCT. 20, 1965 APPROVED AND FURTHER READING WAIVED OATH OF OFFICE RESERVE OFFICER HARRY R. MOONEYHAM MR. GREEN ORAL CONWIJN I CAT IONS NOT P RES ENT AhIICUS BRIEF BEFORE SUPREME COURT I N MATTER OF CITY OF BAKERSFIELD'S PRJBLIJ,'S WITH HOTEL PADRE SET FOR JAN. #, 965 RES. NO. 65-189 IMPOSING CERTAIN TRAFFIC VEHI.CULAR RF$TRL,CT IONS BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 Í«Regular Meeting of the Baldwin Park City Council COUNCILMAN MCCARON MOVED THAT RESOLUTION NO. 65-189 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN ADA1R SECONDED, The motion carried by the following vote: AYES COUNCILMEN MCCARON, ADA I R, GREGORY, MOREHEAD AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- Chief Administrative Officer Nordby stated that Resolution No. 65-187 would transfer $8,000.00 for incidental, expenses to the 1919 Act Lighting District. Resolution No. 65-187 was read by title as follows: RESOLUTION' NO, 65-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY CF BALDWIN PARK TRANSFERRING FROAW GENERAL FUND TO STREET LIGHTING INSTALLATION, ELECTRIC CURRENT AND MAINTENANCE FUND" COUNCILMAN I,ICCARON MOVED THAT RESOLUTION NO. 65-187 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILWOMAN GREGORY SECONDED. The motion carried by the following vote: AYES COUNCILMEN MCCARON, GREGORY, ADA I R, MOREHEAD AND MAYOR CRITES NOES NONE ABS ENT NONE 00- Chief Administrative Officer Aordby presented proposed Resolution No. 65-190 regarding the deferment of POI;ce Officers. Discussion followed that the resolution specified that copies be sent to-other agencies but did not actually solicit support.`- City Clerk Balkus read Resolution No. 65-190 by title as follows: RESOLUTION NO. 65-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, URGING THAT THE NECESSARY STEPS BE TAKEN TO EFFECT DEFERMENT OF LOCAL POLICE OFFICERS FR hl MILITARY DUTY DURING PERIODS CF INTERNATIONAL POLICING ACTIONS INVOLVING THE USE OF UNITED STATES MILITARY FORCES" December I, 1965 Page 2 IMPOSITION OF CERTAIN TRAFFIC RESTRICTIONS AT AND ADJ. TO PUENTE AVE. AND ROOT ST. RES, NO. 65-189 ADOPTED RES. NO. 65-187 TRANSFERRING FROM GEN, FUND TO ST. LIGHTING INSTALLATION, ELECTRIC CURRENT AND MAINTENANCE FUND $8,000.00 TRANSFERRED FROM GEN. FUND TO SPEC. FUND STREET LIGHTING INSTALLATION, ELECTRIC CURRENT AND MAINTENANCE FUND TO COVER ESTIMATED INCIDENTAL EXPENSES RES. NO. 65-187 ADOPTED RES, NO, 65-190 URGING THAT NEC. STEPS BE TAKEN TO EFFECT DEFERMENT OF LOCAL POLICE OFFICERS FFW MILITARY DUTY DURING PERIODS OF I NT ERNA- TIONAL POLICING ACTIOI'k INVOLVING USE OF U.S, MI L ITARY FORCES Continued) BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 Í«Regular Meeting of the Baldwin Park City Council December I, 1965 264x2 Page 3 COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 55-190 BE RES. NO, 65-190 APPROVED AND FURTHER READING BE WAIVED, COUNCILWOIAAN ADOPTED GREGORY SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, GREGORY, ADAIR, MCCARON AND MAYOR CRITES NOES NONE ABSENT NONE 00- Administrative Officer Nordby stated that he had INTERIM COMMITTEE Chief heard from Assemblyman Harvey Johnson's office today HEARING ON CRIMINAL concerning the Interim Committee Hearing on Criminal PROCEDURES Procedures; that the hearing would involve two days on January 10 and 11, 1965, at the Baldwin Park JAN. 10-11, 1966, Auditorium; that this had been confirmed with the Chairman B.PK. AUDITORIUM of the Assembly Committee; that Assemblyman Pierce Young of Napa County would have a man in Baldwin Park to work with the City in getting the details ready for the hearing. There was i•O ACTION REQUIRED. NO ACTION REQU I RED 00- Chief Administrative Officer Nordby stated the staff FINAL HEARING would like to set the final hearing on 64-A-I regarding ASSESSMENT SPREAD the assessment spread for December 29, 1965; that if DEC. 29, 1965 this was done he thought the billing could be out 64-A-I early in February. He stated no action was necessary by the Council; that the City Clerk was empowered to establish the date. 00- City Engineer French reviewed his report on the improvement of REQUEST TO CIRCULATE Bresee Avenue between Los Angeles Street and Olive Street PETITION stating he had received a request from Mr. Charles E. Berthel, SHORT FOW 1911 ACT 4615 North Bresee Avenue for circulation of a 1911 Act Improvement Petition for the improvement of Bresee Avenue CGS PAVING between Los Angeles Street and Olive Street with curbs, BRESEE AVE. BETWEEN gutters, sidewalks and paving. L.A.ST. AND OLIVE ST. COUNCILWOMAN GREGORY MOVED THAT THE CITY COUNCIL CONCUR WITH THE RECOAVAENDATION OF THE CITY ENGINEER AND AUTHORIZE CIRCULATION CF A PETITION IN ACCORDANCE WITH THE PLAN AND DIRECT THE CITY ATTORNEY TO PREPARE THAT PETITION. COUNClLi AN MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered by Mayor Crites. 00- City Engineer French reviewed his report on a request for a 1911 Act petition for the improvement of Bogart Avenue between Olive Street and Baldwin Avenue stating that the applicant Mr. John Pearson, 4929 Bogart Avenue, did not request the Improvement of Bogart to Olive; that the initial request was that the terminus of Bogart be at the existing end of the private street which was a little over one hundred 100) feet south of Baldwin Avenue; that for the circulation of the area it was the recommendation of the Engineering Department and the Planning Department that this street be extended to intercept with Baldwin Avenue; that there was a problem because of existing structures and existing lot cuts; that it could be developed without sidewalks MOTION MADE AND CARRIED THAT COUNC I L CONCUR WITH REC. OF CITY ENGR. AND AUTH. CIRCULATION OF PETI- TION IN ACCORD. WITH PLAN AND DIRECT CITY ATTY. TO PREPARE PETITION REQUEST TO CURCULATE PETITION SHORT FOW 1911 ACT BOGARf AVE. BETWEEN OLIVE ST. AND BALDWt N AVE. ICont inued) BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 Í«Regular Meeting of the Baldwin Park City Council 2643 within a forty-five 45) foot dedicated right-of-way; that this would-redoep the cost and at least allow the street to come through and as the area was further developed the sidewalks could then be installed In that section in the future; that even this extension would require the taking of one structure; that it was the recommendation that the Council approve the circulation In accordance with the conditions as outlined. Councilman hlcCaron asked how much of the lot would have to be taken to move the street over to get the full width. City Engineer French stated approximately ten 10) feet; that the problem was that previously there was a sub- division approved and developed and it dead-ended abut- ting the rear of this property and the street was developed to this point; that the houses were fairly close to this private street; that there wtulld be a little pro- blem realigning the street south of where the proposed extension was; that the ownership would have to be split either way, and the proposed plan would have less effect on the remaining two structures. Councilman McCaron asked if sidewalks would be on one side only. City Engineer French stated that sidewalks were not pro- posed on either side; that sidewalks could be put on one side by making an adjustment in the street. Councilman McCaron stated that as many sidewalks as possible should be acquired; that, one side would be better than none. In answer to a question by Mayor Crites, City Engineer French stated there would have to be minor adjustments; that he would have to recheck the aerial maps and the site, however, he believed the sidewalks could be put on the east side; that if the Council approved sidewatks on one side through'' this area he would make Exhibit A showing which side the sidewalks would be one; that it would probably-require a ftttie•r'gworking of the end of the private street. COUNCILMAN MCCARON MOVED THAT THE CITY COUNCIL AUTHORIZE THE ISSUANCE OF THE PETITION FOR THE IMPROVEMENTS OF BOGART AS SHOWN ON EXHIBIT A WITH THE ADDITIONAL SIDEWALKS ON ONE.SIDE. City Attorney Flandrick asked if there was some reason for excluding the lots marked 1, 2, 3, 4, and 5; that it appeared they would benefit equally for the purpose of the district. City Engineer French stated the lots were a subdivision recently approved; that curbs, gutters, sidewalks, street lights and street paving were.aiready in there; that Lot 5 might have to be included to make the adjustments to get the sidewalk in. COUNCILMAN MOREHEAD SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MCCARON, MOREHEAD, ADAIR, GREGORY AND MAYOR CRITES NOES: NONE ABSENT: NONE December 1, 1965 Page 4 SIDEWALKS ON ONE SIDE MOTION MADE THAT COUNCIL AUTH. ISSU- ANCE OF PETITION FOR IMPROVEMENTS OF BOGAR1 BOGART AS SHOWN ON EXHIBIT A WITH ADDI- TIONAL SIDEWALKS ON ONE SIDE MOTION CARR $ E D BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 Í«I Regular Meeting of the Baldwin Park C.jty,Council City Engineer French presented the Traffic Committee Report stating that the Traffic Committee reviewed the intersection of La Rica Avenue and Los Angeles Street at the request of a citizen as to the pedestrian traffic crossing Los Angeles Street; that it was found that the school bus discharges children on the south side of Los Angeles Street at La Rica; that there were school children crossing Los Angeles Street at this intersection; that the Traffic Committee recommended that authorization be given for the establishment of a painted crosswalk across Los Angeles Street at La Rica Avenue. COUNCILWOMAN GREGORY MOVED THAT THE CITY COUNCIL CONCUR WITH THE TRAFFIC COMMITTEE AND AUTHORIZE THE STREET DEPARTMENT TO INSTALL THE YELLOW CROSSWALK AT LOS ANGELES STREET AND LA RICA AVENUE. COUNCILMAN ADAIR SECONDED. There were no objections, the motion carried and was so ordered by Mayor Crites. Councilman Morehead asked if it was necessary for the Council to create crosswalks stating he was under the impression that the City Engineer had the authority to do this. City Attorney Flandrick stated the authority was in the Baldwin Park Municipal Code; that it was a matter of long practice that the Engineering Department bring the matter before the Council. December 1, 1965 2644 Page 5 TRAFFIC COMMITTEE REPORT REC. AUTH. FOR PAINTED CROSSWALK ACROSS L.A.ST. AT LA RICA AVE. MOTION MADE AND CARRIED THAT COUI'C I L CONCUR WITH TRAFFIC COMMITTEE AND AUTH. STREET DEPT. TO IN- STALL YELLOW CROSS- WALK AT L.A.ST. AND LA RICA AVE. AUTH. TO CREATE CROSSWALKS CITY ENGR. AUTH. IN B.PK. MUN. CODE BUT MATTER OF PRACTICE THAT ENGR. DEPT. BRING MATTER BEFORE COUNCIL 00- The appeal from the denial of the Board of Zoning Adjustments L.S. NO. 691 regarding Lot Split No. 691 was held until after the public HELD UNTIL AFTER hearings. P.W. 00- Mr. Green was again called for but was not in the audience. MR. GREEN ORAL COMMUNICATIONS NOT PRESENT 00- City Clerk Balkus read Ordinance No. 430 by title as follows: ORDINANCE NO. 430 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-2 TO ZONE R-3 ZONE CASE NO. Z-2771" COUNCILWOMAN GREGORY MOVED THAT FURTHER READING OF ORDINANCE NO. 430 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. 430 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 ORD. NO. 430 AMEND. ZON. MAP OF SAID CITY, AND RE- ZONING CERTAIN HEREIN DESCRIBED REAL PRO- PERTY FROM ZONE R-2 TO ZONE R-3 ZONE CASE NO. Z-2771 LOCATION 3838 Foster Avenue FURTHER READING OF ORD. NO. 43.0 WAIVED ORD. NO. 430 ADOPTED 00- BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 Í«Regular Meeting of the Baldwin Park City Council 264 City Clerk Balkus reed Ordinance No. 431 by,titi.e 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 1)" COUNCILWOMAN GREGORY MOVED THAT FURTHER READING OF ORDINANCE NO. 431 BE WAIVED. COUNCILMAN MOREHEAD SECONDED. There were no objections, the motion and was so ordered by Mayor Crites. COUNCILWOMAN GREGORY MOVED THAT ORDINANCE NO. 431 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 City Clerk Balkus read Resolution No. 65-186 by title as follows: RESOLUTION NO. 65-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK" COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-186 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- December I, 1965 Page 6 ORD. NO. 431 AMEND. ZON. MAP OF SAID CITY, AND RE- ZONING CERTAIN HEREIK DESCRIBED REAL PRO- PERTY FROM ZONE R-I TO ZONE C-2 ZONE CASE NO. Z-279; PART 1) LOCATION Ramona Blvd., Lots 18-21 FURTHER READING OF ORD. NO. 431 WAIVED ORD. NO. 431 ADOPTED RES. NO. 65-186 ALLOWING CLAIMS AND DEMANDS AGAINST CITY OF B.PK. GENERAL CLAIMS AND DEMANDS NOS. 601-640 INCL. PAYROLL CLAIMS AND DEMANDS NOS. 2602- 2726 INCL. RES. NO. 65-186 ADOPTED Councilman Morehead asked how the street sweeper caught RE STREET SWEEPING up on sweeping and whether payment was made for mileage DURING INCLEMENT swept during lnclenrnt weather. WEATHER City Engineer French stated the street sweeping was paid for on a monthly basis; that where there was a weather problem or any kind of a problem the sweeper came in as soon after the scheduled sweeping date as possible; that the agreement was AGREEMENT THAT WOULD the streets would be swept so many times a month. SWEEP SO MANY TIMES A MONTH 00- City Attorney Flandrick stated the Planning Commission was P.C. TO CONSIDER having an adjourned meeting December 2, 1965; that they RELOCATION MATTER would be attempting to resolve the question concerning AT ADJ. MTG. DEC.. 2, relocation permits; that it was hoped to have a recom- 1965 mendation to the Council by December 15, 1965. 00- BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 Í«I I Regular Meeting of the Baldwin Park City Council Councilwoman Gregory stated the oval racetrack would again be before the Irwindale Planning.Commisolon on O16teina;*'2, 1965. She asked if one of. the Counori l mLn cbul d attend. Mayor Crites stated he would endeavor to attend. 00- City Clerk Balkus administered the oath to those in the audience desiring to be heard during the meeting. 00- City Clerk Balkus announced that the hour of 8:00 p.m. having arrived that it was the time and place fixed for a public hearing on Z-278, an appeal from the denial of the Planning Commission, an application submitted by Jesse H. Shelby for a Zone Change from Zone R-I single family residential) to Zone R-2 light multiple residential) or more restrictive use upon a parcel of land located at 4450 Merced Avenue. 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 Resolution No. PC 65-45 on October 27, 1965, denying the request. He pointed out the map on the wall'showing the existing zoning of the area. He further stated that the applicant had previously applied for a lot split, Lot Split No. 654, which had not been consumated; that the improvements and dedications had not been made to comply with the conditions of the resolution. TESTIMONY IN BEHALF OF THE REQUEST WAS CALLED FOR BY MAYOR CRITES. Mr. Jesse H. Shelby, 4450 North Merced, Baldwin Park, stated it was true that they had asked for a lot split on this property; that he had appeared before the Council on the lot split and made the statement that he would move stakes back to conform with the wishes of the Council from eighty-five 85) feet to one hundred sixty 160) feet pro- viding he would have enough footage to build two homes on one hundred sixty 160) feet; that previously there was no opposition voiced and he assumed it would be allowed so he had the stakes moved back to one hundred sixty 160) feet and then as he talked to builders they suggested the area be rezoned to R-2; that the reason he felt they should have R-2 property there was the fact that it was rezoned R-I after many homes had been built in there before the City incorporated; that the way the homes were built in the area was no fault of the City; that nevertheless these conditions existed and when they existed and one owned property in that vicinity one had to look out for the value of the property; that taking sixty-six 66) foot widths, assuming that the lots would be split into equal parts one hundred thirty 1301 foot deep, there would still be much more square footage than the area now had; that almost directly across the street there was an acre of land the same as this property; that the acre was subdivided and there were seven 7) homes built on the acre; that immediately to the south there was a twenty-six 26) unit apartment building; that immediately in the rear of the property there was an acre with seven homes built on it; that, of course, the Council realized what an acre was after easements, street allowances and so forth; that seven homes on an acre cuts It down to barely the minimum; that within one hundred thirty-two 132) feet of their property was C-I property; that also within one hundred thirty-two 132) feet of their property there was R-3 property; Continued) December 1, 1965 2646 Page 7 OVAL RACETRACK TO BE BEFORE IRWINDALE P.C. DEC. 2, 1965 OATH ADMINISTERED PUBLIC HEARING 8:00 P.M. Z-278 APPEAL FROM DENIAL OF P.C. REQUESTING ZONE CHANGE FROM R-I TO R-2 AT 4450 MERCED AVE., JESSE H. SHELBY PUBLICATION, PASTINGS MAILINGS RESUME TESTIMONY IN BEHALF JESSE H. SHELBY, 4450 N. Merced, B.Pk. BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 Í«26-47 Regular Meeting of the Baldwin Park City Council that on one of the properties there were sixteen-units built; that he was practically surrounded with multiple buildings; that it would be fine with him to build a nice home on a 8,000 to 10,000 square foot lot providing it was in surround- ings where the value would exist with the improvements; that anyone who had been dealing with real estate realizes this property would depreciate in value if it was built with a, single family unit and multiple units were in the surround- ing neighborhood; that immediately north there was an acre of land, however it showed on the records that it might have been split, but on one side there was four buildings on it; that one-half a block down the street and across the street there were at least two homes built toward the front of the property already; that these conditions were going to exist he would estimate for at least thirty 30) to thirty-five 135) years; that to build an extra house in the back would give him more value for his property; that he had had two appraisals on this property, one being from a lending institution; that they seemed to think the Idea was all right; that he had a commitment from a builder who thought the idea was all right; that he did not really know what the Planning Commission did think about it because he did not hear too much said about it from the Planning Commission other than a motion to deny and he thought and felt that was probably because of some erroneous and surmising reporting; that there appeared in front of their property about two days before the hearing a real estate sign stating for sale"; that it seemed the Planning Director saw this sign or was advised of it; that the realtor to whom the sign belonged could not give any information as to how the sign got there; that possibly the Planning Commission felt they were trying to put one over on them; that in the form letter he received from the Secretary of the Planning Commission it simply stated that it did not comply with the general prosperity of the neighborhood; that, of course, at the public hearing he did not hear anything about any of this; that at least twenty 20) of his neighbors had signed after he explained what he had in mind to do; that apparently there were no objections as there were none voiced at the Planning Commission meeting and apparently there was no one here this evening to object. Councilman McCaron stated he remembered this particular parcel was brought up before the Council at the time the lot split was granted. He asked if dedication had been made on Merced and for the future street in the rear. City Engineer French stated no. Councilman McCaron asked if there was any reason for this being held up. Mr. Shelby stated yes there were two reasons; that he had assumed the dedication would be consumated in escrow; that the second reason was that in the resolution there was considerable amount of money required and through the procedure that he had planned he would be able to comply with the City's request, dedicate the land to the City and bring everything up to Code. City Attorney Flandrick stated there had been a time extension granted on the lot split through February as he recalled. In answer to a question by Councilman McCaron, Mr. Shelby stated the commitment he had on some loans included that they would be deeded as separate parcels, A, B. C, and D; December I, 1965 Page 8 Continued) BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 Í«Regular Meeting of the Baldwin Park City Council December 1 1965 2648 Page 9 that twenty 201 feet on the Jerry side and thirty 30) feet on the Merced side would be dedicated to the City; that this would leave him one hundred sixty 1160) Commission if they would pass favorably on the request if only the westerly one hundred eighty 1801 feet or two was rezoned,, however,, he was not asking that tonight unless the Council saw fit to do so; that he was asking for R-2 zoning on the entire property. feet for the Merced side with one hundred 1100) feet for the Jerry side; that he had asked the Planning Councilman McCaron asked if it was Mr. Shelby's intention- to develop the entire property at this time. Mr. Shelby stated no; that the City wanted approximately $2,500.00 for Jerry Street; that Merced would run about the same; that he did not want to develop the Jerry side until the street was in because the property would not be very valuable sitting back there on a vacant street that might be dedicated and might not be dedicated in ten years; that he wanted to improve the one hundred sixty 160) feet, two parcels, and leave the Jerry side open until the street was dedicated and in. Councilman McCaron asked how long it would be before the new ordinance that the Planning Commission was working on would be ready to allow construction on property similar to R-I where there was sufficient ground but no access. Planning Director Chivetta stated the Planning Commission would be conducting a public hearing on this matter on December 22, 1965; that shortly thereafter they would be recommending to the Council an amendment of the R-I regulations to include this provision. In answer to a question by Councilman McCaron, Planning Director Chivetta stated he would need 2500 square foot of lot area per unit but could only put a maximum of two or a condominium as defined by State Law; that he would be limited to two on any lot regardless of the size of the property. In answer to a question by Councilman McCaron, City Attorney Flandrick stated that no other property could be included in the zone change but the Council could reduce the area included in the zone change. As there was no one else in the audience desiring to PUBLIC HEARING speak in behalf of or in opposition to Z-278, Mayor DECLARED CLOSED Crites declared the public hearing closed. Z-278 Councilman McCaron stated it would appear that if the R-2 was allowed on the first one hundred sixty 160) feet that second reading should be held until the provisions of the lot split were complied with. Councilwoman Gregory asked if this would make the rear portion nonconforming. City Attorney Flandrick stated he did not believe it would be nonconforming. Planning Director Chivetta stated there were no structures on the rear; that the rezoning would be following the lot line; that the rear would be R-l and the front on Merced would be R-2. In answer to a question by-Councilman McCaron, City Engineer French stated the Engineering Department had just received a petition signed by over sixty percent 60%) of the pro- perty owners involved for the improvement of Jerry Avenue under the 1911 Act procedure. Continued) BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 Í«Regular Meeting of the Baldwin Park City Council 2q9 Councilman McCaron asked if there was dedication for the cul-de-sac on the R-3 property. City Engineer French stated there was no actual dedica- tion but the R-3 property that was developed, was developed to allow for the dedication; that the people who owned the R-3 property were convinced they had made the dedication but there was no record of it being made. As there were no objections, Mayor Crites declared the public hearing on Z-278 reopened. Mr. L. E. Ferguson, 4490 Cutler, Baldwin Park, stated they had built the apartment house that was just mentioned and they definitely had made formal dedication of the property in the rear at that time, however, they still owned the property and they would be most happy to make the dedication again free of charge. Councilwoman Gregory asked how many pieces of property in the City were divided in zoning such as was being discussed in this case. Planning Director Chivetta stated this would open the door for many such parcels; that there were many pro- perties throughout Baldwin Park that this could reasonably happen on; that it was his recommendation instead of rezoning to have the applicant apply for a variance. In answer to a question by Mayor Crites, Planning Director Chivetta stated it would be his recommendation that the entire parcel be reclassified; that the applicant could still build a single family dwelling on each one of the rear portions without a variance. Discussion followed regarding the improvement of Jerry. Councilman McCaron stated he would not be in favor of making all the area R-2 because the surroundings and everything that was to be developed on Jerry Street should remain R-I. Planning Director Chivetta stated it was brought out that the deep lots front on Merced, not on Jerry. He pointed out on a map on the wall the original lot split and the adjustment of the lines so that the deep lots fronted on Merced. Councilwoman Gregory asked if this would have something to do with the deep lot study that the Planning Commission was now involved in. Planning Director Chivetta stated with regulations on deep lots an R-2 zone would not be necessary. Further discussion followed. As there was no one else in the audience desiring to speak in behalf of or in opposition to Z-278, Mayor Crites again declared the public hearing closed. COUNCILMAN MCCARON MOVED THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAW THE NECESSARY ORDINANCE INDICATING THE ZONE CHANGE ON THE ONE HUNDRED SIXTY 160) FEET FACING MERCED TO R-2 AND THE BALANCE REMAIN R-I FACING THE FUTURE STREET AND THAT THE SECOND READING BE HELD UP UNTIL THE REQUIREMENTS OF THE LOT SPLIT ARE COMPLIED WITH. COUNCILMAN ADAIR SECONDED. December I, 1965 Page 10 PUBLIC HEARING REOPENED Z-278 L.E. FERGUSON, 4490 Cutler, B.Pk. PUBLIC HEARING AGAIN DECLARED CLOSED Z-278 MOTION MADE AND CARRIED THAT ATTY. BE INSTRUCTED TO DRAY, NEC. ORD. INDICATING ZONE CHG. ON 160 FT. FACING MERCED TO R-2 AND BALANCE REMAIN R-I FACING FUTURE ST. AND THAT SECOND READ- ING BE HELD UP UNTIL REQUIREMENTS OF LOT SPLIT ARE COMPLIED WITH Continued) BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 Í«Regular Meeting of the Baldwin Park Ctty•'COuncil City'Attorney Flandrick stated if the motion were to-i carry an ordinance would be prepared and submitted which would reclassify the front one hundred sixty 1160) feet of the property, as shown on the lot split map, to R-2 and the balance of the property to the rear fronting on Jerry would remain R-l; that second reading on the ordinance would be held until such time as Mr. Shelby had complied with all of the conditions of the lot split as improved which would include dedications, improvements and the division of the land into four lots as indicated on the lot split. The motion carried by the following vote: AYES: COUNCILMEN MCCARON, ADAIR AND MAYOR CRITES NOES: COUNCILMEN GREGORY AND MOREHEAD ABSENT: NONE City Attorney Flandrick explained to Mr. Shelby that the Council had indicated they wished the preparation of an ordinance; that at the next Council meeting they would consider that ordinance for introduction; that the ordinance would not be finally adopted, unless the Council changed its position, until such time as the lot split was complied with namely the dedication, the bonds for the improvements and so forth. Mr. Shelby stated he would take this under consideration. 00- 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 east side of Puente Avenue between Clydewood Avenue and Pacific 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 that over fifty percent 50%) of curbs, gutters and sidewalks were in on the east side of Puente Avenue between Clydewood Avenue and Pacific Avenue. As there was no one 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 Attorney Flandrick pointed out that the resolution should include sidewalks. Resolution No. 65-188 was read by title as follows: RESOLUTION NO. 65-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, 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 IN ACCORDANCE WITH THE CITY OF BALDWIN PARK STANDARD PLANS AND SPECI- FICATIONS CONFORMING WITH EXISTING CURBS, GUTTERS AND SIDEWALKS CONSTRUCTED UPON THEM FACING ON THE EAST SIDE OF PUENTE AVENUE BETWEEN CLYDEWOOD AVENUE AND PACIFIC AVENUE" December 1, 1965 2650 Page II PUBLIC HEARING SHORT FORM 1911 ACT CGS-EAST SIDE OF PUENTE AVE. AND PACIFIC AVE. POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED RES. NO.. 65-188 MAKING FINDINGS AND OVERRULING PROTESTS AND OBJECTIONS AND ORDERING t SUPT OF STREETS.-OF CITY OF B.PK. TO CONSTRUCT CGS IN ACCORD. WITH CITY OF B.PK.STANDARC PLANS AND SPECS. CON- FORMING WITH EXISTING CGS CONSTRUCTED UPON THEM FACING THE EAST SIDE OF PUENTE AVE. BETWEEN CLYDEWOOD AVE. AND PACIFIC AVE Continued) BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 1965 12 01 CC MINHÄ—@¸—0 Í«Regular Meeting of the Baldwin Park City Council December I, 1965 Page 13 that Mrs. Backus had notified him that she had received a notice from the County of Los Angeles that failure to pay taxes had caused it to be up for a proposed tax sale; that the people having an interest under a trust deed were also notified and they had indicated that their interest had been eliminated. As there was no one else in the audience desiring to speak in behalf of'or in opposition to N-I, Mayor Crites declared the public hearing closed. Resolution No. 65-191 was read by title as follows: RESOLUTION NO. 65-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED CASE NO. N-1, 3816 KENMORE AVENUE)" PUBLIC HEARING DECLARED CLOSED N-I 265 i RES. NO. 65-191 FINDING AND DETERMIN- ING EXISTENCE OF PUBLIC NUISANCE AND ORDERING SAME ABATED CASE NO. N-I, 3816 KENMORE AVE.) City Attorney Flandrick stated this permitted, unless the Council wished to change it, a period of thirty 30) days 30 DAYS TO ABATE for the owner to abate the property; that if failed to do so the Chief Administrative Officer was then authorized to commence abatement and place the cost thereof before the Council for confirmation. COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-191 BE RES. NO. 65-191 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 I City Clerk Balkus announced that it was the time and place PUBLIC HEARING fixed for a public hearing on N-2, to determine whether certain premises, buildings and structures constitute a public N-2 nuisance at 4860 Elton Street. 4860 ELTON ST. City Attorney Flandrick stated that the proper postings and POSTINGS, MAILINGS mailings had been accomplished. City Attorney Flandrick passed to the Council six pictures PICTURES of the property including the buildings and interiors as taken on September 14, 1965. He stated this property con- sisted of two separate lots each one hundred sixty-six 1661 feet in width and three hundred six 306) feet in depth; that the Building Superintendent, Chief Administrative Officer and he had inspected the property today; that the only change that had taken place was that someone had stripped the window casings from the building but other than that the property remained in the same condition as shown in the pictures; that the main building was approximately forty 40) to fifty 501 years of age accord- ing to the Building Superintendent's best estimate based on the type of construction; that the building contained approximately 1,000 square feet of area; that the area surrounding the building had considerable building debris as well as a number of tires on the rear of the lot; that the staff's recommendation was that the Council order this abated as a public nuisance since it clearly constituted ime; that the surrounding area where the debris was located was certainly a breeding ground for possible rodents; that it was also apparently a playground for some of the younger children living in the immediate area. Continued) BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 Í«Regular Meeting of the Baldwin Park City Council As there was no one in the audience desiring to speak in behalf of or in opposition to N-2, Mayor Crites declared the public hearing closed. Resolution No. 65-192 was read by title as follows: RESOLUTION NO. 65-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED CASE NO. N-2, 4860 ELTON STREET)" COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-192 BE RES. NO. 65-192 APPROVED AND FURTHER READING BE WAIVED. COUNCILWOMAN GREGORY SECONDED. The motion carried by the following vote: December I, 1965 Page 14 PUBLIC HEARING DECLARED CLOSED N-2 RES. NO. 65-192 FINDING AND DETER- MINING EXISTENCE OF PUBLIC NUISANCE AND ORDERING SAME ABATED CASE NO. N-2, 4860 ELTON ST.) ADOPTED AYES: COUNCILMEN MOREHEAD, GREGORY, ADAIR, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- City Clerk Balkus announced that it was the time and PUBLIC HEARING place fixed for a public hearing on N-3, to determine whether certain premises, buildings and structures N-3 constitute a public nuisance at 3450 Robinette Avenue. 3450 ROBINETTE AVE. City Attorney Flandrick stated that the proper postings POSTINGS, MAILINGS and mailings had been accomplished. City Attorney Flandrick passed to the Council six 6) pictures PICTURES of the property at 3450 Robinette Avenue showing the existing building and Interior taken September 1965; that the Building Superintendent, Chief Administrative Officer and he had in- spected the premises today; that there had been no change in the property shown in the pictures; that this was an R-I zoned lot; that the size of the lot was approximately seventy five 75) feet by two hundred ten 210) feet; that the property had been subject to two separate fires, as could be seen by the photographs, within recent months; that in addition to the main building there were two metal sheds located in the rear of the property and one garage; that the garage appeared to be in pretty good shape and the suggestion would be as far as abatement was concerned that the garage would be left as it is; that the area was surrounded by debris of various and sundry kinds in addition to a 1949 Buick automobile which apparently had been abandoned since the most recent license plate was from North Carolina, 1956; that the property was in a deplorable condition; that it was a hazard as far as small children were concerned to say nothing of future fire hazards; that the staff's recommendation was that this be abated as a public nuisance. TESTIMONY IN BEHALF OF THE NUISANCE ABATEMENT WAS CALLED TESTIMONY IN BEHALF FOR BY MAYOR CRITES. Mrs. Davis, 20505 Seaton Hill Drive, Walnut, stated they MRS. DAVIS, had the property to the south; that the property at 3450 20505 Seeton Ftitt;Dr Robinette wo::a public nuisance and chi(dren,get In there; Walnut that rentershpd•complained;'that it*had been,on fire about five Mimes sod was. a mess. Councilman McCaron asked If the recce nendatton was that the automobile be removed also. Continued) BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 Í«I I Regular Meeting of the Baldwin Park City Council City Attorney Flandrick stated yes; that this would be a part of the abatement.,. proceedings; that the Police Department, If the Council ordered the abatement, would handle that. As there was no one else in the audience desiring..to speak in behalf of or in opposition to N-3, Mayor Crites declared the public hearing closed. Resolution No, 65-193 was read by title as follows: RESOLUTION NO. 65-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED CASE NO. N-3, 3450 ROBINETTE AVENUE)" COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-193 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILWOMAN GREGORY SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MOREHEAD, GREGORY, ADAIR, MCCARON AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- City Clerk Backus announced that it was the time and place fixed for a public hearing on the Vacation of a future street in conjunction with Tract No. 23692. City Attorney Flandrick stated the staff and Planning Commission recommendation was that the Council vacate this by having the Mayor and the City Clerk make the order of vacation on the Final Tract Map; that the tract had been approved that completely accommodated the entire area as far as public streets were concerned and the portion of the area referred to in the resolution was not needed according to the staff's and Planning Commission's recommendations for present or prospective street purposes. As there was no one in the audience desiring to speak, in behalf of or in opposition to the proposed vacation, Mayor Crites declared the public hearing closed. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL AUTHORIZE THE MAYOR AND THE CITY CLERK TO SIGN THE FINAL TRACT MAP FOR THIS TRACT ORDERING THE VACATION OF THE AREA AS INDICATED. 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 stated the next item was consideration of an appeal from the denial of the Board of Zoning Adjustments, Lot Split No. 691, BZA 65-77, 4640 Merced, F.J. O'Donnell, applicant, Arco Homes, Inc., agent. Continued) December 1, 1965 2654 Page 15 PUBLIC HEARING DECLARED CLOSED N-3 RES. NO. 65-193 FINDING AND DETER- MINING EXISTENCE OF PUBLIC NUISANCE AND ORDERING SAME ABATED CASE NO. N-3, 3450 ROBINETTE AVE.) RES, NO, 65-193 ADOPTED VACATION FUTURE STREET STICKMAN AVENUE RESUME PUBLIC HEARING DECLARED CLOSED MOTION MADE AND CARRIED THAT COUNCIL AUTH. MAYOR AND CITY CLERK TO SIGN FINAL TRACT MAP FOR THIS TRACT ORDERING VACA- TION OF AREA AS INDICATED APPEAL FROM DENIAL OF BZA L.S. NO. 691, BZA 65-77, 4640 Merced, F.J. O'Donnell, Applicent, Areo Homes, Inc., Agent BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 Í«egular Meeting of the Baldwin Park City Council December 1, 1965 Page 16 Planning Director Chivetta presented a resume of the case RESUME and stated the Board of Zoning Adjustments had adopted Resolution No. 65-77 on November 10, 1965, denying the request. He pointed out on the wall the lot~spli map presented by the applicant, stating that Parcel I of this request was originally Parcel 3 of previous Lot Split No. 216 which created three parcels; that Parcel 3 had frontage on the future street Jerry and the condition at that time that the applicant install curbs, gutters and sidewalks, street paving and dedicate along Jerry and Merced; that there was an access easement at that time to get back to the rear portion, then at such time as Jerry was, completed the property would then have frontage and the access easement would not be needed; that the applicant had now applied for another lot split creating three parcels; that Parcel 3 of Lot Split No. 216 would now be Parcel I which was an interior lot; that there would be five parcels created by the two lot splits; that the lot split had been denied because it would create an interior lot, without proper street frontage. City Attorney Flandrick stated'this was the first occasion since the lot split ordinance was amended in July 1965, that the Council had had an appeal from the Board of Zoning Adjustments. He reviewed the facts required to be found before the Council could grant the lot split. TESTIMONY IN BEHALF OF THE REQUEST WAS CALLED FOR BY TESTIMONY IN BEHALF MAYOR CRITES. Mr. I.E. Ferguson, 4490 Cutler, Baldwin Park, stated their L.E. FERGUSON, reason for the appeal was that by the original intent the 4490 Cutler, B.Pk. interior lot was created by Lot Split No. 216; that this was their argument to the Board of Zoning Adjustments and they felt it was still a good argument; that as Mr. Chivetta mentioned Lot Split No. 216 required a thirty 30) foot dedication on Jerry Street; that there was quite a lengthy discussion concerning Jerry Street when the matter was before the Board of Zoning Adjustments; that the Board, he felt, was led to believe that Jerry Street was a new street and had not been planned very. long; that this was not the case; that this dedication was taken in 1959; consequently he would say that Jerry Street was one of the oldest planned streets in the City of Baldwin Park; that certainly the Council could see the necessity of having an improved street back there simply if for no other reason than for fire circulation as there was only one way to get into this property; that there were several other parcels of property both on the north and on the south that have not been dedicated to the City that could be improved; that the street could very soon be put in; that there was no reason for It not being in; that he would imagine there were several cash deposits on file with the City now; that this portion of the property had been improved as requested by Lot Split No. 216; that they were simply asking that Mr. O'Donnell and themselves be permitted to use the land in the most economical way and the only possible way that this land could be developed at this time; that Mr. O'Donnell had had access on Merced Avenue and had been using it since 1959; that the building that was mentioned was a matter of record and they brought out at the Board of Zoning Adjustments that the building would be'torn down;, that another reason this was denied according to Mr. Chivetta was that this would be detrimental to the adjacent pro- perties and that the proposed lot split would not be compatible; that it most assuredly would be compatible because this street had been proposed for more years than he cared to remember; that he.would only ask that the Council consider rendering a decision of approval so that Mr. O'Donnell and themselves could enjoy the most econom- ical use of this property. Continued) BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 Í«I Regular Meeting of the Baldwin Park City Council Discussion followed regarding. the arage that was' to be demolished; that it.encroached on one of the property lines and would be demolished at the t i m& Ftie new houses were placed on the property. City Attorney Flandrick stated that there was approximately one hundred thirteen 113) feet between Parcel 1, is shown on the map,. and Merced. As there was no one else in the audience desiring to speak in behalf of or in opposition to Lot Split No. 691, Mayor Crites declared the hearing closed. Discussion followed regarding' interior lots. COUNCILMAN MCCARON MOVED THAT LOT SPLIT CASE NO. 691 BE DENIED. Resolution No, 65-194 was read by title as follows: RESOLUTION NO.'65-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING A REQUEST FOR A LOT'''SPLIT AT 4641-4645 JERRY AVENUE AND 4640 MERCED AVE., APPLICANT F.J. O'DONNELL CASE NO. L.S. NO. 691)" t. COUNCILMAN MCCARON AMENDED HIS MOTION TO INCLUDE THAT RESOLUTION NO. 65-194 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN MOREHEAD SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MCCARON, MOREHEAD, ADAIR, GREGORY AND MAYOR CRITES NOES: NONE ABSENT: NONE 00- Councilwoman Gregory complimented the Chief of Police on the very fine report'from the Potice Department. 00- Councilwoman Gregory stated there was an action sheet being put out on the Planning Commission and Board of'' Zoning Adjustments meetings; that this was being done to apprise the Council o'f the actions in writing during the appeal period; that she appreciated getting this information. Councilman Morehead handed an application for the Baldwin Park Police Reserves to Lieutenant Harte for further processing. 00- Councilman McCaron asked if the City was in the process of drawing plans for the Flood Control improvements that were allotted under the new bond issue. Continued) December 1, 1965 Page 17 HEARING CLOSED MOTION MADE 4416 RES. NO. 65-194 DENYING LOT SPLIT AT 4641-4645 JERRY AVE., AND 4640 MERCED AVE., APPLICANT F.J. O'DONNELL CASE NO. L.S.691) RES. NO. 65-194 ADOPTED COUNCILWOMAN GREGORY COMPLIMENTED CHIEF OF POLICE ON REPORT RECEIVED FROM POLICE DEPT. ACTION SHEET BEING PUT OUT'ON P.C. AND BZA MTGS. APPLICATION FOR B.PK. POLICE RESERVES HANDE TO LT.' HARTE FOR FURTHER PROCESSING RE PLANS FOR FLOOD CONTROL IMPROVEMENTS 1964 STORM DRAIN BOND ISSUE BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 12 01 CC MINHÄ—@¸—0 Í«2657 Regular Meeting of the Baldwin Park City Council December 1, 1965 Page 18 City Engineer French stated very shortly the plans would NEAR COMPLETION be completed; that he had reviewed the locations of the catch basins with Harold Johnson's office on the drawings he had prepared and he had s.iso gone.over the lines that Lampman & Associates and Walsh-Forkert had prepared; that they were close to completion;. that all the surveys and soil tests had been made and It was a matter."of final,ing out the designs at this time. Councilman McCaron asked if Athol Street.would see any relief from this. City Engineer French stated no". Councilman McCaron stated that there was quite an area that drained to Athol; that if at all possible there should be some relief for that street. City Engineer French stated one of the main lines ran from Foster south on Frazier to Fairgrove, on Fairgrove to the ditch that ran out across and underneath the freeway and crosses Bess and went on out to the wash; that then it had laterals that ran on Foster from'Frazier to Baldwin'Park Boulevard and on Franclsquito from Frazier to Baldwin Park Boulevard and on Tracy from Frazier to the low spot there to intercept the water before it went on down Fairgrove; that there were no drains proposed to pick up the water that went down Waco; that it was actually out of the drain- age area for the major drain that wee. proposed; that the Master Storm Drain had one but the drains were approved by the County election as a whole and the City could not adjust the location of the drains other than minor adjust- ments due to special problems; that new drainage areas could not be brought in or excluded as approved; that there was no way under this bond issue that the condi- tion in Athol could be alleviated. in answer to a question by Councilman McCaron, City Engineer French stated in excess of this there was a drain that went into Pacific from Vineland to the wash and from Puente to the wash; that there was a drain in Merced from Vineland to the wash; that there was a drain in Puente from the freeway to the wash south; that this would use up all of the money allocated under this bond issue; that if this did not use up all of the money allocated, the bond issue was so drawn that the money would go to what was declared regional drains throughout the County and did not stay with the City. 00- Councilwoman Gregory requested a recess for five minutes or so and then come back to an Executive Session. As there were no objections, at 9:20 p.m. Mayor Crites de- 9:20 P.M. TEN MINUTE clared a ten minute recess and stated the Council would re- RECESS reconvene In Executive Session and excuse all present except the Council, Chief Administrative Officer and City Attorney. 9:40 P.M. RECONVENED IN EXECUTIVE SESSION At 10:30 p.m. the City Council reconvened in regular session. 10:30 P.M. RECONVENED IN REGULAR SESSION AT 10:31 P.M. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL ADJ. AT 10:31 P.M. ADJOURN. COUNCILMAN ADAIR SECONDED. There were no objections, the motion carried and was so ordered by Mayor Crites. IVORY D. 7"ES, MAYOR THELMA L. BALKUS, CITY CLERK APPROVED• December 15 1965. Date of Distribution to City Councils amber IQ 1965. Date of Distribution to Departments De ember 13 1965. BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 Í«A. 1Regutar Meeting of the Baldwin Park City Council December 1, 1965 Page 12 COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 65-188 BE RES. NO. 65-188 APPROVED AS AMENDED AND FURTHER READING'BE WAIVED.. ADOPTED 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 announced that it was the time and PUBLIC HEARING place fixed for a public hearing on N-I, to determine whether certain premises, buildings and structures N-I constitute a public nuisance at 3816 Kenmore Avenue. 3816 Kenmore Ave. City Attorney Flandrick stated that the proper postings POSTINGS, MAILINGS and mailings had been accomplished. City Attorney Flandrick passed to the Council pictures PICTURES of the property at 3816 Kenmore Avenue and pointed out. the property on the map on the wall. He stated this property was zoned R-I, fifty 50) feet by one hundred forty 140) feet; that the structure involved was a concrete shell; that the picture of the interior shows the debris located in and out of the shell; that the Building Superintendent, Chief Administrative Officer and he had inspected the premises this afternoon and. there had been no change from the time the pictures were taken which was September, 1965; that the Building Super- intendent's best estimate as to the age of the structure was approximately thirty 301 years old; that it was located directly across the street from Kenmore School; that each memberof the Council had examined the property; that there did not appear to be any doubt in the staff's mind that it was in fact a public nuisance; that it permitted school children to play in the area; that there was a concrete-pen to the west of the main structure; that the entire premises was in a dilapidated state; that it was the staff's consensus of opinion that in fact it should be abated since in fact it did constitute:a public nuisance within the meaning of the ordinance; that the purpose of this hearing was to hear from the owner or any person having an interest in the property as to why it should not be so abated or from any person in the. area who felt it should be. TESTIMONY IN BEHALF OF THE NUISANCE ABATEMENT WAS CALLED TESTIMONY IN BEHALF FOR BY MAYOR CRITES. Mr. Mayor French, 719 Broadmore, West Covina, stated Mrs. MAYOR FRENCH, French and he had an interest in the property next door 719 Broadmore, W.Cov at 3822; that 3822 was her father's property and was now in an estate; that they felt 3816 was a detriment to the neighborhood and ran down the value of the property; that they would like to see it abated. Councilman McCaron asked if this was determined as a nuisance had the owner been advised prior to the hearing, and how much time would be allowed before the premises would be cleared. City Attorney Flandrick stated the setting of time was up to the Council; that the ordinance stated the Council could set a time or if the Council did not there would be a period of sixty 60) days within which the owner had the right to abate it himself; that If he failed to do so the Chief Administrative Officer was authorized to proceed with abatement and then after the cost was confirmed it be on the tax bill for the next succeeding year; that the owner had been notified by registered mail; Continued) BIB] 39576-U01 1965-U02 12-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116934-U03 C4-U03 MINUTES1-U03 5/5/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06