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HomeMy WebLinkAbout1966 12 07 CC MIN1966 12 07 CC MINHÄ—@¸—2“Í«REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL DECEMBER 7, 1966 CITY HALL COUNCIL CHAMBER) 14403 East Pacific Avenue 7:30 P.M. In accordance with Section 2703 of the Municipal Code the City Council met in open meeting at 7:00 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. Mayor pro tem Morehead led the salute to the flag. FLAG SALUTE Roll Call: Present: COUNCILMEN ADAIR, CRITES, ROLL CALL GREGORY, MOREHEAD AND MAYOR MCCARON 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- COUNCILWOMAN GREGORY MOVED THAT THE MINUTES OF NOVEMBER 16, MINUTES OF NOV. 16, 1966, BE APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN 1966, APPROVED ADAIR SECONDED. There were no objections, the motion carried and was so ordered. 00- City Clerk Balkus presented a suit against the City by SUIT AGAINST CITY Lona Lee Moody in the amount of $107,163.95. LONA LEE MOODY COUNCILMAN MOREHEAD MOVED THAT THE SUBJECT CLAIM BE DISALLOWED AND DENIED AND REFERRED TO THE INSURANCE CARRIER. COUNCILMAN REFERRED TO INS. CRITES SECONDED. Roll Call. There were no objections, the CARRIER motion carried and was so ordered. 00- i Councilman Crites stated he attended a Civil Defense REPORT BY COUNCILMAN Disaster Board meeting on November 17, 1966; that he CRITES RE CIVIL DEFENSE believed the City needed a minor overhauling regarding their Q vil Defense Program and would later present additional information and recommendations. 00- Mayor McCaron reported he had attended the League of REPORT BY MAYOR California Cities Meeting; that there was nothing of MCCARON RE LEAGUE urgency discussed other than more reports and the forma- OF CALIF. CITIES MTG. tion of committees for the coming year. 00- City Attorney Flandrick stated that Ordinance No. 466 was recommended to the City Council as an urgency ordinance by the staff and by the Planning Commission; that the Planning Commission would be conducting a public hearing on this matter to insert it permanently in the Municipal Code in substantially this form at their next regular meeting; that there was a typographical error in Section 2 of proposed Section 9555; that the third line from the Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«Regular Meeting of the Baldwin Park City Council bottom which commenced with the phrase and or work" at that point the phrase shall be accomplished in compliance with said provisions" should be inserted. He stated the purpose of the ordinance was to eliminate the possibility of the creation of many nonconforming uses in the R-I Zone specifically with respect to preexisting single family residential structures by reason of the recent revision of the R-I regulations. ORDINANCE NO. 466 ADDING SECTION 9555 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE ZONING REGULA- TIONS APPLICABLE TO R-I ZONES WITHIN THE CITY URGENCY ORDINANCE) COUNCILWOMAN GREGORY MOVED THAT FURTHER READING OF ORDINANCE NO. 466 BE WAIVED. COUNCILMAN MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered. COUNCILWOMAN GREGORY MOVED THAT ORDINANCE NO. 466 BE ADOPTED AS AMENDED. COUNCILMAN MOREHEAD SECONDED. Roll Call. There were no objections, the motion carried and was so ordered by Mayor McCaron. 00- Chief, Adrniinistrative Officer Nordby reviewed his report on the acceptance of dedication of a sewer easement on the Olive Street school site from the Baldwin Park School District stating the recommendation was that the City Council accept the dedication. He stated the alternate route would be more costly, to go over to Merced and down Olive. Discussion followed that the school acquired the site from Mr. Schweitzer; that it was believed he owned the balance of the land on the other side of the power lines. In answer to a question by Mayor McCaron, Chief Adminis- trative Officer Nordby stated this easement would provide for o struction and maintenance of the sewer line from the parcel to the north; that this easement was on the school property, not on the street. City Attorney Flandrick stated the school had been ad- vised that the acceptance of the easement did not in any way indicate that the City at its expense would construct any sewer facility in the area; that this was the problem of the developer in the future. COUNCILMAN CRITES MOVED THAT THE EASEMENT AS OFFERED BY THE.BALDW:1:N PARK UNIFIED SCHOOL DISTRICT FOR THE OLIVE STREET SITE BE ACCEPTED AND THE NECESSARY FORMS BE PREPARED. COUNCILMAN MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered. 00- Chief Administrative Officer Nordby reviewed his report on the acquisition of tax delinquent properties recommend- ing that Parcels 221, 763 and 1398 be acquired as they were in line with proposed streets. December 7, 1966 Page 2 TYPOGRAPHICAL ERROR SECTION 2 PROPOSED SECTION 9555 ORD. NO. 466 ADDING SECTION 9555 TO B.PK. MUN. CODE RE ZONING REG. APPLICABLE TO R-I ZONES WITHIN CITY URGENCY ORDINANCE) FURTHER READING WAIVED ORD. NO. 466 ADOPTED AS AMENDED ACCEPTANCE OF DEDICA- TION FROM B.PK. UNIFIED SCHOOL DISTRICT SEWER EASEMENT OLIVE ST. SCHOOL SITE EASEMENT OFFERED BY B.PK. UNIFIED SCHOOL DISTRICT FOR OLIVE ST. SITE ACCEPTED AND NEC. FORMS TO BE PRE- PARED ACQUISITION OF TAX DELINQUENT PROPERTIES SERIES 90-A PARCELS 211, 763, AND 1398 Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«Regular Meeting of the Baldwin Park City Council COUNCILMAN MOREHEAD MOVED THAT THE CITY PURCHASE THE TAX DELINQUENT LAND, PARCELS 221, 763 AND 1398. COUNCIL- WOMAN GREGORY SECONDED. Roll Call. There were no objections, the motion carried and was so ordered. 00- RESOLUTION NO. 66-329 URGING ALL CITIZENS TO SUPPORT THE HOLIDAY' SAFETY PROGRAM OF THE NATIONAL SAFETY COUNCIL IN PREVENTING TRAFFIC PEDESTRIAN AND OTHER ACCIDENTS DURING THE HOLIDAY SEASON COUNCILWOMAN GREGORY MOVED THAT RESOLUTION NO. 66-329 BE ADOPTED AND FURTHER READING BE WAIVED. COUNCILMAN ADAIR SECONDED. Roll Call. There were no objections, the motion carried and was so ordered. 00- December 7, 1966 Page 3 MOTION MADE AND CARRIED THAT CITY PURCHASE TAX DELIN- QUENT LAND, PARCELS 221, 763 AND 1398 RES. NO. 66-329 URGING ALL CITIZENS TO SUPPORT HOLIDAY SAFETY PROGRAM OF NAT'L SAFETY COUNCIL IN PREVENTING TRAFFIC, PEDESTRIAN AND OTHER ACCIDENTS DURING HOLIDAY SEASON RES. NO. 66-329 ADOPTED Chief Administrative Officer Nordby stated that it STUDY ON WATER had been suggested some weeks ago that the City proceed or participate in a study of the water problem in Baldwin Park; that there were five or six water companies in Baldwin Park, one or two of which were public agencies and levied taxes; that the County had agreed to make the study on flow tests, and inventory of hydrants and water pressure in the various areas; that as of this date all of the water companies had agreed to open their records for whatever was needed to complete the survey which was hoped to be accomplished HOPED TO BE ACCOMPLISHED within the next month to six weeks. WITHIN NEXT MONTH TO SIX WEEKS 00- City Engineer French reviewed his report on the initiation INITIATION OF SHORT of Short Form 1911 Acts, 66-S-56 for sidewalk and drive FORM 1911 ACTS approach on the northeast side of Pacific Avenue between Puente Avenue and Mayland Avenue, 66-S-57 for sidewalk on 66-S-56, NE SIDE the southwest side of Pacific Avenue between Holly Avenue PACIFIC AVE. BETWEEN and Ahern Drive, and 66-S-58 for sidewalk and drive PUENTE AND MAYLAND approach on the southwest side of Pacific Avenue and between Ahern Drive and Vineland Avenue. 66-S-57, SW SIDE PACIFIC AVE. BETWEEN HOLLY AND AHERN 66-S-58, SW SIDE PACIFIC AVE. BETWEEN AHERN AND VINELAND RESOLUTION NO. 66-305 DECLARING ITS INTENTION TO CAUSE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF SECTION 5870, ET SEQ., OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA 66-S-56, 66-S-57, 66-S-58 COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 66-305 BE ADOPTED AND FURTHER READING BE WAIVED. COUNCILMAN CRITES SECONDED. Roll Call. There were no objections, the motion carried and was so ordered. RES. NO. 66-305 DECLARING INTENT TO CAUSE CONSTRUCTION 66-S-56, 66-S-57 AND 66-S-58 P.H. JAN. 4, 1967 RES. NO. 66-305 ADOPTED 00- BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«Regular Meeting of the Baldwin Park City.Council December 7, 1966 Page 4 City Engineer French reviewed his report on the bid REPORT ON BID OPENING opening held November 16, 1966, regarding the demolition NOV. 16, 1966 contract for N-39, N-45, N-46,-N-43, N-50 and N-51. He stated that N-39, N-46 and N-51 had been abated or were N-39, N-45, N-46, in the process of being abated; that N-46 was scheduled N-50 AND N-51 for a public hearing this evening. He recommended that the award be made for N-43 and N-50 to Gangi Bilt Homes, 213 62nd Street, Newport Beach, California, in accordance with their low bid and that the Mayor and City Clerk be authorized to sign the contract. COUNCILMAN CRITES MOVED THAT THE BID FOR DEMOLITION OF N-43 AND N-50 AWARDED STRUCTURES AND CLEARING OF PREMISES ON N-43 AND N-50 TO GANGI BILT HOMES, BE AWARDED TO THE LOW BIDDER GANGI BILT HOMES, NEWPORT NEWPORT BEACH IN AMT. BEACH, IN ACCORDANCE WITH THEIR LOW BID $300.00). OF $300.00 COUNCILWOMAN GREGORY SECONDED. Roll Call. There were nocbjections, the motion carried and was so ordered. 00- City Engineer French reviewed his report on Storm Drain STORM DRAIN PROJECT Project No. 604 stating this was the project for a storm NO. 604 drain in Pacific between Vineland and Puente; in Merced from Vineland to the Big Dalton Wash, and in Puente just south of the Freeway to the Wash; that the bids were opened on November 25, 1966; that the low bidder was a joint venture by L. C. Christofer and G. W. Galloway in the amount of $183,588.79; that the City of Baldwin Park and the Los Angeles County Flood Control District had entered into an agreement on June I, 1966, whereby the City could add to tie bond issue funds for the completion of the project; that this was done so that the City could obtain the maximum benefit from the available funds; that at the time the City entered into the agreement it was estimated that it would take $40,000.00 to obtain the complete project; that the Los Angeles County Flood Control District had notified the City that based upon the low bid the deposit required by the City was $8,025.00; that it was recommended that the City Council take two actions: I) approve the expenditure of $8,025.00 and 2) approve the plans and specifications for the sub- ject project, copies of which were in the Council's folders. Discussion followed that the $8,025.00 would be handled CITY'S EXPENDITURE under Resolution No. 66-313. $8,025.00 RES. NO. 66-313 WARRANT NO. 2330) COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL CONCUR APPROVED PLANS AND WITH THE RECOMMENDATION OF THE CITY ENGINEER AND APPROVE THE SPECIFICATIONS PLANS MD SPECIFICATIONS FOR PROJECT NO. 604. COUNCIL- WOMAN GREGORY SECONDED. Roll Call. The motion carried and was so ordered. 00- City Engineer French reviewed his report on the initiation INITIATION OF PUBLIC of Public Nuisance Case Nos. N-57, 13017 Fairgrove Avenue; NUISANCE CASES N-58, 3243 Baldwin Park Bout yard; N-59, 13019 Ledford Street; N-60, 13047 Farnell Street; and N-61, 14107 Chilcott stating that N-59 and N-60 had been abated. Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«Regular Meeting of the Baldwin Park City Council RESOLUTION NO. 66-326 SETTING A TIME AND PLACE FOR A HEARING TO DETERMINE WHETHER CERTAIN BUILDINGS AND STRUCTURES CONSTITUTE PUBLIC NUISANCES City Attorney Flandrick stated that items 3 and 4 in subparagraph b) of Section I should be deleted. COUNCILWOMAN GREGORY MOVED THAT RESOLUTION NO. 66-326 BE ADOPTED AS AMENDED AND FURTHER READING BE WAIVED. COUNCILMAN ADAIR SECONDED. There were no objections, the motion carried. 00- City Engineer French presented a report of work completed on N-14 at 13415 Valle Vista Avenue and N-49 at 5025 Wimmer Avenue. RESOLUTION NO. 66-327 SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER ON WORK COMPLETED UNDER SECTION 3200 ET SEQ OF THE MUNICIPAL CODE OF THE CITY OF BALDWIN PARK COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 66-327 BE ADOPTED AND FURTHER READING BE WAIVED. COUNCILMAN CRITES SECONDED. There were no objections, the motion carried and was so ordered. RESOLUTION NO. 66-325 SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER ON WORK COMPLETED UNDER SECTION 3200 ET SEQ OF THE MUNICIPAL CODE OF THE CITY OF BALDWIN PARK COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 66-325 BE ADOPTED AND FURTHER READING BE WAIVED. COUNCILMAN ADAIR SECONDED. There were no objections, the motion carried. 00- Planning Director Chivetta reviewed his report on the Annexation Procedural Committee stating the Planning Commission at its regular meeting of November 23, 1966, discussed the formation of an Annexation Procedural Committee; that the committee's primary function would be to study the matter of policy in regard to those inhabited and uninhabited unincorporated areas that could be annexed to Baldwin Park; that the committee would also be relegated the responsibility of contacting those adjacent cities as well as the property owners residing in the area to determine a logical procedure for annexation; that basically the Committee would serve to sense the pulse of the community in terms of an annexation program that will guide the Commission and Council in terms of future endeavors relative to annexations. He stated the Planning Commission adopted Resolution No. PC 66-44 recommending to the Council the formation of an Annexation Procedural Committee. Councilwoman Gregory questioned the legality of Section 3 d) To establish informal preliminary contact with the property owners located in those areas proposed for annexation". December 7, 1966 Page 5 RES. NO. 66-326 SETTING HEARING TO DETERMINE WHETHER P.N. P.H. JAN. 4, 1967 N-57, N-58, N-61 N-59 AND N-60 DELETED RES. NO. 66-326 ADOPTED AS AMENDED REPORT OF WORK COMPLETED N-14 AND N-49 RES. NO. 66-327 SETTING PROTEST HEARING N-14) P.H. JAN. 4, 1967 RES. NO. 66-327 ADOPTED RES. NO. 66-325 SETTING PROTEST HEARING N-49) P.H. JAN. 4, 1967 RES. NO. 66-325 ADOPTED REPORT RE ANNEXATION PROCEDURAL COMMITTEE Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«Regular Meeting of the Baldwin Park City Council City Attorney Flandrick stated. he did not see any objection to it in the sense of it being just a contact to see if the people were at all interested in annexation and if so advising them of what steps to take next. Councilwoman Gregory asked if it would be considered soliciting wherein City Attorney Flandrick stated no, the only real restriction on it was the expenditure of funds to promote an election, for example, in connection with an annexation; that this would be an invalid expenditure of funds. Councilwoman Gregory stated otherwise she thought it was a very fine recommendation. Mayor McCaron stated he thought the appointments should be by the same procedure as all other appointments; that any recommendation of the Annexation Procedural Committee would have to come through the Planning Commission and the City Council. City Attorney F-landrick stated a resolution would be presented at the next regular meeting for consideration to approve the formation of the Committee and leaving blanks for the various individuals who were to be named. As there were no objections, Mayor McCaron instructed the City Attorney to prepare the resolution. 00- As there were no objections, Mayor McCaron stated the payment of bills would be considered at this time. RESOLUTION NO. 66-313 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 66-313 BE ADOPTED AND FURTHER READING BE WAIVED. COUNCILMAN CRITES SECONDED. Roll Call. There were no objections, the motion carried. 00- At 8:00 p.m. Finance Director Duncan left the Council Chamber. 00- City Clerk Balkus administered the oath to those in the audience desiring to be heard during the meeting. 00- PUBLIC HEARINGS December 7, 1966 Page 6 COUNCIL INSTRUCTION CITY ATTY. TO PREPARE RESOLUTION RES. NO. 66-313 ALLOWING CLAIMS AND DEMANDS AGAINST CITY OF B.PK. PAYROLL PERIOD 11-1-66 THROUGH 11-15-66 GEN. CLAIMS AND DEMANDS NOS. 2252- 2337 INCL. RES. NO. 66-313. ADOPTED 8:00 P.M. FINANCE DIR. DUNCAN LEFT COUNCIL CHAMBER OATH ADMINISTERED PUBLIC HEARING 8:00 P.M. Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«3M Regular Meeting of the Baldwin Park City Council December 7, 1966 Page 7 8:00 p.m. having arrived it was the time and place fixed 66-S-46 CONT'D for the continuation of a public hearing on 66-S-46, a FROM 11-16-66) Short Form 1911 Act, for curbs, gutters, sidewalks and drive SW SIDE FAIRGROVE approach on the southwest side of Fairgrove Street between ST. BETWEEN ATHOL Athol Street and Mangum Street. AND MANGUM CGS AND DRIVE APPROACH) City Engineer French stated this matter was held over due to a protest filed by the property owner's attorney; that he had been instructed to contact the property owner, William Slattery regarding the protest; that he was able to get in touch with Mr. Slattery's attorney and had explained that the initiation did not include as much property as Mr. Slattery originally had thought and tried to get a timing that would be acceptable indicating possibly sixty 60) days; that the attorney had stated it would definitely make a difference since it was not as much improvement as he had thought and that sixty 60) days would probably be acceptable but could not answer positively until he talked with Mr. Slattery; that he had not heard from Mr. Slattery or his attorney and had not been able to reach either of them; that he would recommend that in the event that they were not represented this evening that the Council adopt the resolution extending the order for work by sixty 60) days. As there was no one in the audience desiring to speak PUBLIC HEARING either in behalf of or in opposition to 66-S-46, Mayor DECLARED CLOSED McCaron declared the public hearing closed. RESOLUTION NO. 66-314 ORDERING RES. NO. 66-314 THE CONSTRUCTION OF CERTAIN ORDERING CONSTRUCTION IMPROVEMENTS PURSUANT TO SECTION 66-S-46) 5870, ET. SEQ., OF THE STREETS AND HIGHWAYS CODE 66-S-46) I In answer to a question by Mayor pro tem Morehead, City Engineer French stated the normal time for ordering the construction would be the first of February; that this time would be automatically extended for sixty 60) days in the order to construct. COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 66-314 RES. NO. 66-314 BE ADOPTED AND FURTHER READING BE WAIVED AND THAT THE ADOPTED CONSTRUCTION CONSTRUCTION DATE BE EFFECTIVE ON OR ABOUT 2/1/67 TO DATE TO BE ON OR ABOUT COMMENCE CONSTRUCTION. COUNCILMAN ADAIR SECONDED. 2/1/67 Roll Call. There were no objections, the motion carried and was so ordered. 00- It was the time and place fixed for the continuance of PUBLIC HEARING a public hearing on N-52, at 3429 Frazier Street. N-52 CONT'D FROM 10/5/66) 3429 FRAZIER ST. City Engineer French stated the property owner had requested additional time to abate the nuisance; that the property owner had been working on the property but it had not been abated; that he recommended that the City Council adopt the resolution determining the existence of the public nuisance ordering the same abated within sixty 60) days. As there was no one i.n the audiencedesiring to speak in PUBLIC HEARING behalf of or in opposition to N-52, Mayor McCaron declared DECLARED CLOSED the public hearing closed. N-52 Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«3176 Regular Meeting of the Baldwin Park City Council RESOLUTION NO. 66-330 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED N-52) COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 66-330 BE ADOPTED AND FURTHER READING WAIVED. COUNCILMAN CRITES SECONDED. Roll Call. There were no objections, the motion carried and was so ordered. 00- It was the time and place fixed for a public hearing on Z-294, an application initiated by the Baldwin Park Plan- ning Commission to initiate a Zone Change from Zone R-I single family residential) to R-3 heavy multiple residential) or more restrictive use upon parcels of land bounded on the northeast by Francisquito Avenue, Robinette Avenue to the northwest, Waco Street to the southwest and approximately 570 feet northwesterly from the center- line of Baldwin Park Boulevard. Proper publication, postings and mailings had been accomplished. Planning Director Chivetta presented a resume stating the Planning Commission had adopted Resolution No. PC 66-40 on November 3, 1966, recommending approval. He pointed out the land use map on the wall stating the Planning Commission recommended the rezoning of twenty- nine 29) parcels; that they were deep lots; that the Planning Commission would be holding a public hearing on December 28, I966,for a Specific Street Plan for this area. Mayor McCaron asked if the parcel with three residences was due to a lot split. Planning Director Chivetta stated it was not known how this came about, probably by a policy statement or perhaps a variance or some other special consideration; that there were no lot splits in the area where there were multiple dwellings, except one instance located off of Frazier, a flag lot. Mayor McCaron asked if there had been any plan of development brought to the City. Planning Director Chivetta stated the Planning Commission was told by citizens residing in the area that they had proposals to develop on a parcel to parcel basis or a combination of parcels for one large complex. Mayor McCaron asked if this area was conducive to good R-3 development. Planning Director Chivetta stated in the foreseeable future the area would be conducive to multiple type dwellings because of its location to the freeway and Baldwin Park Boulevard. Mayor McCaron asked if it was possible in the remaining portion of the block to have a street pattern for that area. Continued) December 7, 1966 Page 8 RES. NO. 66-330 ORDERING ABATEMENT N-52) 60 DAYS TO ABATE RES. NO. 66-330 ADOPTED PUBLIC HEARING Z-294, INITIATED BY P.C. TO INITIATE ZONE CHANGE FROM ZONE R-I TO R-3 UPON PARCELS OF LAND BOUNDED ON NE BY FRANCISQUITO AVE., ROBINETTE AVE. TO NW, WACO ST. TO SW AND APPROX. 570 FT. NW FROM CENTERLINE OF B.PK. BLVD. PUBLICATION, POSTINGS, MAILINGS RESUME BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“ Í«Regular Meeting of the Baldwin Park City Council December 7, 1966 Page 9 Planning Director Chivetta stated the Specific Street Plan as specified by the General Plan depicts a street which would bisect the rear property line of those properties fronting on Tracy and Francisquito, however this was not a logical plan at present and the staff recommended to the Planning Commission that they con- duct a hearing for a Specific Street Plan either in terms of an alley for secondary access or a street plan; that they were working on this now to submit to the Planning Commission on December 28, 1966; that definite recommendations had been made in the R-3 reclassification R-3 RECLASSIFICATION study; that each of the Council members had received a STUDY copy. TESTIMONY IN BEHALF OF THE REQUEST WAS CALLED FOR BY TESTIMONY IN BEHALF MAYOR MCCARON. Mr. H. H. Erwing, 800 Sunset, West Covina, stated he H. H. ERWING, owned property at 13441 Tracy; that the lot was 346 800 Sunset, W. Cov. feet in depth and 80 feet wide; that he bought it with the purpose in mind of building; that he felt the lot was too big to build two houses on it; that he had applied for the R-3 zoning which the Planning Commission had turned down because they planned to initiate the entire area into an R-3 zone; that he would like to concur with the Planning Commission on this project; that it was time for development and he was ready to develop; that the lots on Tracy were all large lots; that C" zoning had moved up next to them; that R-3 would be a good development; that he had plans drawn up and was ready to apply for a building permit as soon as was possible. Mr. Paul James, 13449 East Tracy Street, Baldwin Park, PAUL JAMES, stated we" have been very active concerning this 13449 E. Tracy St., general area as outlined by Mr. Chivetta; that it B.Pk. started by a request for a spot zoning; that as he understood the presentation and they supported it; that he spoke for a number of people concerning this; that they had been arguing very hard that the ordinance for the R-3 be amended and certain additions made to it; that they hoped that this change would be made contemporaneously with the amendments to the R-3 Code contingent upon the street plan being adopted for the area;lhat if it was so zoned that these contingencies would ride with it so that there would be a good street plan and good traffic flow through the area and ordinances governing the construction of the area to lend itself toward preventing anything that would be detrimental to the community. Mr. Edward Parrott, 13502 Tracy, Baldwin Park, stated his property was 80 x 320; that he had been trying for the last three years to develop his property; that he was glad that the Council saw fit at that time to turn him down because he saw now where the Building Codes were going to be changed and he believed a nice neighbor- hood could be made there in the future; that he was definitely in favor now of the change. EDWARD PARROTT, 13502 Tracy, B. Pk. TESTIMONY IN OPPOSITION TO THE REQUEST WAS CALLED FOR BY TESTIMONY IN OPPOSITION MAYOR MCCARON. Mr. A. E. Moore, 13434 Tracy Street, Baldwin Park, stated A. E. MOORE, he owned this property; that he was not interested in 13434 Tracy St., developing and was opposed to an alley behind his B.Pk. property; that recently they had received a street light in front after twenty-five 25) years of gloom and dark- Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“ Í«Regular Meeting of the Baldwin Park City Council ness and he could not see having that improvement and then having a dark alley behind for easier access to vandalism. He asked when the alley would be put in and how would it be maintained. Mayor McCaron stated the alley did not really have anything to dpwith the change of zone and the usage at the present time, however, it appeared that an alley might be necessary for the development, or another street. Mr. Moore asked at the south side of Tracy Street would it be a dog leg alley, straight alley or blind alley. Planning Director Chivetta pointed out where it would dog leg; that the property would be acquired through de6ficatfor or some form of Short Form Act; that the developer would be required to dedicate in order to develop his land. Mayor McCaron asked if Mr. Moore had any opposition to the neighboring development of more intensive use of the neighboring property. Mr. Moore stated not as long as it did not raise his taxes or disturb the serenity of the neighborhood. Mayor McCaron stated this could not be guaranteed; that there would certainly be more traffic. Mayor McCaron stated it would seem that this was a fairly large section of land and there was also a large section of ground on Baldwin Park Boulevard which not too far in the past was changed to R-3, and after it was changed to R-3 a portion of it was asked to be changed to less restrictive, commercial property; that up to this date since the change had been made there had not been one parcel developed; that as far as the need for additional R-3 property in Baldwin Park, the need certainly could not be shown at the present time; that it might be in the future but certainly could not be right now; however if this was to be considered there should be some procedure for development; that the street plan should be determined and dedications should be made before the zone was changed; that everyone should concur with the development; that as far as the testimony was concerned there had only been four 4) people testify and for the number of parcels in that area that hardly was representative. Councilman Morehead stated he did not see any reason for not acting on Z-294 this evening; that he had studied the R-3 zoning study; that up to this point he did not see anything wrong with the recommendation due to the deep lots in that area and due to being so near the freeway and Baldwin Park Boulevard; that this development would certainly straighten out Tracy Street'. Mayor McCaron stated the street problem should be resolved before any further consideration should be taken; that dedications would probably be received from the ones who were ready to develop but not from the ones who were not, and this would work a hardship on the ones who were ready or willing to develop; that the street should be adequate to handle the traffic; that he realized most of the traffic that eminates from Tracy would come out on Baldwin Park Boulevard; that Frazier in the future would be a major street the same as Baldwin Park Boulevard especially for the amount of traffic it would carry. December 7, 1966 Page 10 Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“ Í«Regular Meeting of the Baldwin Park City Council Councilwoman Gregory questioned as to the width of the streets, Tracy and Robinette, that the General Plan indicated sixty 60) feet, but she thought they were about thirty 30) feet at the moment; that there were eight 8) people at the Planning Commission who expressed the desire to have the property reclassified to R-3, people on Robinette as well as on Tracy; that there were some who were not included who wished to be included; that in the past few years quite a number of people had called and asked about this particular area since they were so close to Baldwin Park Boulevard; that she thought they would be real happy with the change; that she did not know how happy they would be tax wise because she was quite sure that the taxes would go up after a zone change. I Mayor McCaron asked what happened to the overlay plan that was suggested in the past wherein Planning Director Chivetta stated this had been set aside. Mayor McCaron stated he was not ready to pass Z-294 this evening; that there should be more information; that the street problem should be resolved before the Council pro- ceeded with this; that the area as far as developing into R-3 was not bad in itself; that the size of the lots were not bad and there would be access from the freeway and both directions from it, Frazier and Baldwin Park Boulevard, but access as far as Tracy was concerned was necessary; that it was only one-half of a street at one end; that it was only a thirty 30) foot street for a good portion of it and there should be some assurance that traffic could circulate both ways. Councilman Crites stated contingent upon a street plan he was in favor of it but he would rule out just an alley in place of a street; that if there was a necessity for another ingress and egress that it should be a full blown street; that the lots were big enough to support that type of development; that it would make the R-3 usage more feasible if there was another street. City Attorney Flandrick stated the Planning Commission would be conducting a public hearing at their next meeting on a Specific Plan for streets in this particular area relating to this proposed change of zone; that he would presume that the Council would have that report for the second meeting in January. Councilman Adair stated he would rather see a street plan instead of an alley; that Robinette was only thirty 30) feet wide right now and ran dead end. Discussion followed concerning holding the public hearing open wherein City Attorney Flandrick stated at the time the people came down to be heard on the question of the street pattern they would probably also have comments with reference to the zoning. December 7, 1966 Page II TESTIMONY IN BEHALF OF THE REQUEST WAS CALLED FOR BY TESTIMONY IN BEHALF MAYOR MCCARON. Mr. H. H. Erwing stated he was under the impression that the Planning Commission had already agreed on a street; that he had already signed for the widening of Tracy Street. Discussion followed. Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“ 1966 12 07 CC MINHÄ—@¸—2“ Í«3181 I Regular Meeting of the Baldwin Park City Council Further discussion followed. Planning Director Chivetta statedhe.was available not only during office hours but any evening any time or place that the people would desire to meet with him as a person or as a group to discuss this matter as to what could be done. Councilman Morehead asked where the City would be if this was already zoned R-3 and the development was about to start. Mayor McCaron stated the City Would be in the same place they were in in a lot of other areas where the City would have to dig up,the money to acquire access. He further stated that he would like to avoid any trqubie of going through condemnation to acquire property for the balance of the street. COUNCILWOMAN GREGORY MOVED THAT THE PUBLIC HEARING ON Z-294 BE HELD OPEN AND CONTINUED TO JANUARY 18, 1967, MAYOR MCCARON SECONDED. The motion carried by the following vote: AYES:' COUNCILWOMAN GREGORY, MAYOR MCCARON, COUNCILMEN ADAIRAND CRITES NOES: COUNCILMAN MOREHEAD ABSENT: NONE Mayor McCaron stated this should give sufficient time for the Planning Commission to make their decision on the streets and to contact these two gentlemen that wanted to work on this and they or the Planning Director could contact the people with them and ascertain if dedication could not be had on enough of that street to make 4ccess at least through to Robinette so that it was proper up to that particular area which would be the south side of Tracy Street. Mr. Erwing asked if the public hearing could be continued to the first part of February instead of January 18, 1967. Mayor McCaron stated he was sure Mr. Erwing would be able to get enough information on this to know how it was going between now and the time for the continuation, 00- It was the time and place fixed for a public hearing on 66-5-17, a Short Form 1911 Act, on the west side of'La Rica Avenue between Ramona Boulevard and Baldwin Park Boulevard, to hear any protests in regard to the cost for the construction of sidewalks and drive approach on Parcels 1, 2, and 3. Proper postings and mailings had been accomplished. City Clerk Balkus read in full a written protest from Isabel L. Christie, 3955 N. La Rica, Baldwin Park, re- garding Parcel 3. copy in official files) Continued) December 7, 1966 Page 13 P.H. ON Z-294 HELD OPEN AND CONTINUED TO JAN. 18, 1967 PUBLIC HEARING SHORT FORM 1911 ACT 66-S-17, W SIDE LA RICA AVE. BET. RAMONA AND B.PK. BLVD. COST PARCEL I $152.50 PARCEL 2 $165.00 PARCEL 3 $162.88 POSTINGS, MAILINGS ONE WRITTEN PROTEST PARCEL 3 ISABEL L. CHRISTIE, 3955 N. La Rica, B.Pk. BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«31:82 Regular Meeting of the Baldwin Park City Council December 7, 1966 Page 14 TESTIMONY IN OPPOSITION TO THE COST WAS CALLED FOR BY TESTIMONY IN OPPOSITION MAYOR MCCARON. Isabel L. Christie, 3955 N. La Rica, Baldwin Park, said ISABEL L. CHRISTIE, everything in the letter stated how she felt on this matter, 3955 N. La Rica, B. Pk. Mayor McCaron asked the City Engineer for his findings in this case. City Engineer French stated at the time the district was formed the Department recommended the short forming for curb, gutter, sidewalk and drive approach; that there was a protest filed by Mrs. Christie and Mr. Bennett regarding the curb and gutter in that they said it was put in accord- ing to County standards and County era; that his Department did not find any records that would indicate this was so and di.d not find any against.; that the curb was not to a Iine and grade nor was the street paved to the curb which would indicate that it would have been an accepted curb; that because of this possible discrepancy it was Indicated to the Council that a plan had been found that indicated it as a curb and recommended to the Council that they eliminate the curb and gutter requirement on the short form and the City would bear the expense and the property owner would be charged.with sidewalk and drive approach which was passed by the Council;`that the existing approaches did not fit the grade and even had the curb been left the sidewalk could not have been put in without the remodeling of the drive approach; that the drive approaches were broken and cracked; that they had been installed by not. cutting, as would be normal for additions to drives, but the curbs had been broken and the concrete placed to fit the area which did not indicate an accepted concrete drive; that it was known that this was not County standard; that letters had been sent out and no further protests had been received on the drive approaches and they were constructed. Mrs. Christie stated there were three 3) parcels but there were four 4) parties. City Engineer French stated there had been partial payment on one and one had been completely paid off; that there were four parcels as far as the improvement was concerned. Mrs. Christie stated out of the four parcels there were only two that had cement approaches to their property already paved and in, Parcels 2 and 3; that whatever might have been on Parcel I had long gone with misuse; that on Mr. Bennett's property on the corner there had never been any driveway approaches; that they were just dirt approaches and the curb was open; that she felt that the two of us;'and of course I'm-only speaking for myself and not for Mr. Vogel", had been set upon with an extra burden of expense inasmuch as they had had to replace this because the City had widened the street beyond what the County had at the time she purchased,that property; that the fact that it was overruled without further protest at the time It was taken up in the spring was that due to her excessive workload she could not come down and spend this much time at night; that she felt she should pay for the sidewalk that was put in front of her. house but she felt she should not have to pay for another cement driveway approach since she had had an adequate cement driveway approach; that truly it had gotten a little cracked by Manning Brothers when they came in to bring some gravel but it was still adequate even in that condition. Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«I Regular Meeting of the Baldwin Park City Council Mayor McCaron asked if the driveway she had at the present time was part of the sidewalk. City Engineer French stated there were costs for drive approach which went right through the sidewalk; that the drive approach thickness must be carried through the side- walk area which was also part of the drive approach which did not exist before; that there had been a concrete approach which was approximately five 5) foot in depth; that because of the location of the house which happened to encroach a little bit in the street right-of;-way the, parkways had to be shortened a little bit; that the approach that was installed was about eight 8) foot in length from the back of the curb back; that`it was twelve 12) feet in depth; that the lineof the curb was moved back; that the drive now flared out more than the old one did. Mayor McCaron asked if this assessment included the new curb wherein City Engineer French stated no and not the gutter either; that this assessment included only the drive approach and sidewalk and the incidental expenses for measuring etc. Mayor McCaron asked if there was gutter before wherein City Engineer French stated no; that there was curb only and the curb was not in good shape. Councilman Morehead asked, did this improvement differ from an improvement which was made with Gas Tax Money wherein City Engineer French stated basically the difference was that on Gas Tax Money some items were more liberally construed than others; that the current situation was that this was an improvement district in the City; that the obligation of the people was that they put in curbs, gutters, sidewalks and drive approaches throughout the City and everybody was obligated; that on the Gas Tax Projects the City had done one of two things, they had either replaced existing improvements or the property owners had traded dedication for the installation of curb and gutter; that sometimes concrete had gone back and sometimes it had not; that it was basically what the State's review of the project said at that time; that there was not really any good comparison between this and a State project because this was a property owner improvement and under normal circumstances on something like this if it was done as part of a large assessment district this property owner would be responsible for the curb and gutters, sidewalk, drive approach, the whole works as an improvement or if it was a building permit or something on that order they would be responsible for all improvements. Councilwoman Gregory asked what Mr. French said about cutting back the street. City Engineer French stated nothing was done to the street right-of-way; that the curb and gutter was put in to line up with the existing curb and gutter on the street; that the other curb and gutter had been paved to and was a standard; that this curb had not been paved to; that„there was a dirt area between the curb and the pavement; that no new street dedication was taken; that the curb was moved back approximately two 2) feet; that the existing s+ructure encroached on the existing street dedication. Continued) December 7, 1966 Page 15 BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«318, Regular Meting of the Baldwin Park City Council December 7, 1966 Page 16 Mrs. Christie stated the other curbs and gutters had been put in many years after she had moved there; that on the other side of the street there were no curbs, gutters sidewalks or drive approaches there was just mud. Discussion followed wherein Mrs. Christie stated the cost of the driveway approach was $87.60; that the incidental costs were $32.58 and the sidewalk was $42.70. City Engineer French stated there was a twelve 12) foot driveway and two four 4) foot flares making it overall twenty 20) feet; that the drive approach was thicker than the sidewalk; that the drive approach went through the sidewalk area; that when the cost was made the area that was.in the drive approach, which included some sidewalk area, was put in the drive area; that under any circumstances there would be a greater expense than the $80.00; that even if the curb was in line on the oldapprpach and there had been no reason to adjust the curb the drive approach that was there could not have been made to fit the new sipewalk. As there was no one else in the audience desiring to speak PUBLIC HEARING either in behalf of or in opposition to this Short Form 19'11 CLOSED Act, Mayor McCaron declared the public hearing closed. Mayor McCaron stated it appeared to him that there had been value received inasmuch as the City did stand part of the cost; that there had been a definite improve- ment to the property; that he believed the protest should be denied; that there had been gutter added to the property, longer width in the driveway which took in considerable area; that the moving of the curb itself was not charged to the property and he thought this made it an equitable proportion for the people of Baldwin Park to pay for. RESOLUTION NO. 66-315 CONFIRMING RES. NO. 66-315 THE REPORT OF THE SUPERINTENDENT CONFIRMING REPORT OF OF STREETS 66-S-17) SUPT. OF STS. 66-S-17) City Attorney Flandrick stated, in accordance with the remarks, subparagraph f of Section I should be amended to read That a protest was made and overruled". Councilman Morehead stated the City Engineer had recommended that the City pay the curb and gutter and asked the City Engineer to review the reasoning for this. City Engineer French stated because in reviewing this the City did find reference to old plans indicated that the County accepted it as a curb and there was a question on the matter of the curb as to the fact that it was possible that it could have gone into the County standard even though it had not been paved and not to grade; that based upon that it was recommended that the City install the curb and gutter; that he felt there was a question regarding the, curb that could be raised and because of that he made the recommenda- tion; that he did not feel there was a question on the drive approach. In answer to questions by Councilman Morehead, City Engineer French stated there was no record as to when the drive approach or the curb was installed; that it was obvious that the drive approach had been con- structed after the curb because the curb had been knocked-out to put the drive approach in. Mayor McCaron stated he felt the benefit the property derived was equitable to the charge that was being mode. Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«318 Regular'Meeting of the Baldwin Park City Council December 7, 1966 Page 17 Councilwoman Gregory stated she understood that the bay window was practically on the sidewalk and asked what did the sidewalk do to the value of,the property. Mayor McCaron stated the condition was not good before there were sidewalks; that the curb was out two 2) feet further; that the improvement did tie in the paving to the curb; that there was a concrete gutter rather than no gutter at all and a sidewalk; that there was a longer approach to the driveway; that he thought there was a definite improvement. Mrs. Christie asked to speak wherein Mayor N;:Caron stated the public hearing was closed and whatever she stated would not be for the record and could not be taken into considera- tion. Mrs. Christie stated at the height the sidewalk was built it had created quite a little problem of flooding; that she now had around her business door a circle of sandbags be- cause the ramp down from the sidewalk into her blacktop driveway made an excellent spillway for al I of the rain into her business establishment; that she was glad to have sidewalks in front of her house; that she thought the water would take care of itself after she went to the expense of drainage. City Engineer French stated these properties were all draining away from the street rather than toward the street; that this was a problem that did exist in this kind of a situation where the properties were lower than the street; that Mrs. Christie's property drained toward the rear of her lot; that it was a common problem; that naturally it was ac- centuated to some extent when sidewalks go in all areas because sidewalks,always go in higher than curb elevations. Mayor McCaron asked if the drainage was the same as before. Mrs. Christie stated that there had been no flood condition before. COUNCILMAN CRITES MOVED THAT RESOLUTION NO. 66-315 BE MOTION MADE ADOPTED AND FURTHER READING BE WAIVED. MAYOR MCCARON SECONDED. The motion did not carry by the following vote: MOTION DID NOT CARRY AYES: COUNCILMAN CRITES AND MAYOR MCCARON NOES: COUNCILMEN ADAIR, GREGORY AND MOREHEAD ABSENT: NONE Councilman Morehead stated the Council had concurred with the City Engineer that part of this improvement should be waived and paid for by the City; that it appeared to him that this driveway approach should be put in the same category due to the extenuating circumstances; that he was sure if this drive approach had been recommended at the time of the curb that he would have considered it; that, in his opinion, this was a unique case and was quite unprecedented. Mayor McCaron asked that the City Engineer bring to the COUNCIL INSTRUCTION next meeting the differential cost between the new and CITY ENGR. TO BRING old driveway. BACK DIFFERENTIAL COST BETWEEN NEW AND OLD DRIVEWAY Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«Regular Meeting of the Baldwin Park City Council December 7, 1966 Page 18 City Engineer French stated that he would also bring the differential on the other property like this one, In answer to a question by Councilman Morehead, City Attorney Flandrick stated the hearing was closed and the Council's action was to either allow or disallow the claim; that if the Council wished to allow it to some de- gree or amount Mr. French would bring back a report at the next meeting and the resolution would be prepared accordingly. Mrs. Christie stated she would not be able to attend the next meeting. COUNCILMAN ADAIR MOVED THAT 66-s-17 BE HELD OVER TO 66-S-17 HELP OVER DECEMBER 21, 1966. COUNCILWOMAN GREGORY SECONDED, There TO 12/21/66 were no objections, the motion carried and was so ordered. 00- At 9:35 p.m. Councilman Morehead left the Council Chambers, 9:35 P.M. COUNCILMAN MOFEHEAD LEFT COUNCIL CHAMBERS 00- It was the time and place fixed for public hearings to PUBLIC HEARING hear any protests in regard to the cost on the following Short Form 1911 Acts: 66-S-1$, westerly side of Vineland SHORT FORM 1911 ACT Avenue between Central Avenue and Badillo Street, curbs and gutters, Parcels 1. 2, 3, 5, 8 and 10;66-S-19, west 66-S-18 COST side of Big Dalton Avenue between Sierra Way and Clydewood. PARCEL I $16O Street,, curbs and gutters, Parcels I, 2 and 3; 66-5-23, PARCEL 2 $12.o6 southwest side of Pacific Avenue between Ardilla Avenue PARCEL 3 $i6L.o6 and Puente Avenue, curbs and gutters, Parcel I; and 66-S-24, PARCEL 5 $109.38 northeast side of Pacific Avenue between Puente Avenue and PARCEL 8 $109.38 Mayland Avenue, curbs and gutters, Parcels 2 and 3. PARCEL 1.0 $162.81 66-5-19 COST PARCEL I $199.06 PARCEL 2 $199.06 PARCEL 3 $ 89.69 Proper postings and mailings had been accomplished. There were no written protests. As there was no one in the audience desiring to speak either in behalf of or in opposition to 66-S-18,, 66-S-19, 66-s-23 and 66-S-24, Mayor McCaron declared the public hearing closed. RESOLUTION NOS. 66-316 THROUGH 66-319 INCLUSIVE CONFIRMING THE REPORT OF THE SLPERINTEN.DENT OF STREETS 66-S-23 COST PARCEL I $157.50 66-S-2. COST PARCEL 2 $131.25 PARCEL 3 $172.31 POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED RES, NOS. 66-316 THROUGH 66-319 INCL. CONFIRMING REPORT OF SUPT OF STREETS Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«Regular Meeting of the Baldwin Park City Council COUNCILWOMAN GREGORY MOVED THAT RESOLUTION NOS... 66-316 THROUGH' 66-319 INCLUSIVE BE ADOPTED AND FURTPIER READING BE WAIVED. COUNCILMAN CRITES SECONDED. The motion carried by the following vote: AYES: COUNCILMEN GRE(BORY, CRITES, ADAIR, AND MAYOR MCCARON NOES NONE ABSENT: COUNCILMAN MOREHEAD 00- It was the'time and place fixed for public hearings on the following Short Form 1911 Acts: 66-S-49, north side of Chelsfield Street between Barnes Avenue and Southern California Edison Company right-of-way, curbs, gutters, sidewalks and drive approach; 66.5-50, northeast side of Mangum Street between Fairgrove Street and Waco Street, curbs and gutters;.66-S-51, northwest side of Mangum Street between Fairgrove Street and Waco Street, curbs, gutters, sidewalks and drive approach; 66-5-52, northeast side of Barnes Avenue between Chelsfield Street and Finchley Street, curbs, gutters, sidewalks and drive approach; 66-5-53, northeast side of Barnes Avenue between Fi'nchley Street and Waco Street, curbs, gutters, side- walks and drive approach. Proper postings and mailings had been accomplished. There were no written protests. As there was no one in the audience desiring to speak either in behalf of or in opposition to 66-S-1.9, 66-5..50, 66-5-5.1, 66-S-52 and 66-S-53, Mayor McCaron declared the public hearing closed. RESOLUTION NOS. 66-320 THROUGH 66-324 INCLUSIVE ORDERING THE CONSTRUCTION OF CERTAIN IMPROVE- MENTS PURSUANT TO SECTION 5870, ET SEQ., OF THE STREETS AND HIGHWAYS CODE At 9:35 p.m. Councilman Morehead returned to the Council Chambers. COUNCILWOMAN GREGORY MOVED THAT RESOLUTION NOS, 66-320 THROUGH 66-32LI. INCLUSIVE BE ADOPTED AND FURTHER READING BE WAIVED. COUNCILMAN MOREHEAD SECONDED. Roll Call. There were no objections, the motion carried and was so ordered. 00- It was the time and place fixed for a public hearing on N-L1.5 to determine whether certain. premises, buildings and structures constitute a public nuisance at 13227 Fairgrove Avenue. Proper postings and mailings had been accomplished. City Engineer French stated this case was reset for public hearing at the request of the present owners of the property, Constitution Savings and Loan; that they have contacted the Building Department and reviewed this property; that he be- December 7, 1966 Page 19 RES. NOs. 66.316 THROUGH 66-319 INCL. ADOPTED PUBLIC HEARING 66-S-49 66-S-50 66,s-51 66-s-52 b6-s-53 POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED FES. NOS. 66-320 TH IUGH 66-324 INCL. ORDERING COt4STRUC TI ON 9:35 P.M. COUNCILMAN MOREHEAD RETURNED TO COUNCIL CHAMBERS RES. NOS. 66-320 THROUGH 66-324 INCL. ADOPTED PUBLIC HEARING N-11.5 13227 Fairgrove Ave. POSTINGS, MAILINGS Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«Regular Meeting of the Baldwin Park City Council December 7, 1966 Page 20 lieved they were acceptable to giving.a sixty 60) day limit to bring the property up to Code and develop it in accordance with the zoning laws or clear the property; that this was the indication at the time they talked with repre- sentatives of the Building Department; that if they were still in agreement with this he would recommend that this be done. Mr. Gordon Severance, Constitution Savings and Loan, stated GORDON SEVERANCE,, they would like to request a longer period of time, approx- Constitution- Sav- imately one hundred twenty 120) days; that since the ings and Loan time they had requested the matter to be reset for hearing they had put in twenty-four 24) panes of glass on the property, replaced a door, rehabilitated and cleaned the inside, contracted to have a gate and fence across the front of the property which was not installed as yet; that they also had a tenant for the property who was plann- ing to undertake in the next thirty 30) days to submit some plan modifications which would be in accordance with the zoning; that they anticipated on a rehabilitated basis; that there was an option to buy connected with the lease and if the owner should decide to change the use of the property he could make that determination; that they had made a lot of progress with the property up to now; that they had a highly qualified SRA appraiser here this evening who had examined the property and could clarify any questions the Council might have; that he had inspected the property this date and found it to be in the condition just described; that the major defect originally raised by the City in connection with the proposed nuisance hearing related to the wiring and application for permit to use the building for business use had been made and would be made and any defects in this area would be corrected at the time that the permit was granted subject to the City's regular inspection. City Engineer French asked if the building would be secured through the full one hundred'twenty 120) days so that it would be closed to the public; that it was open a few days ago. Mr. Severance stated the inclement weather kept his construction people from getting in there sooner; that when he was there this date there was a basement entrance which was completely covered over; that he would estimate that they had spent approximately $300.00 to date and had con- tracted for another $200.00; that they felt this was evidence of good faith on their part; that they did have plans for the property and were not interested in having boarded up property and not have an adequate land use. City Engineer French stated he would change his recommenda- tion to one hundred twenty 120) days subject to the property being secured so that there would not be a vanda- lism problem. Mayor McCaron questioned whether the public hearing should be held open for sixty 60) days and have a report back wherein City Engineer French suggested adopting the resolu- tion with the one hundred twenty 120) days and if there was any problem it would be brought back to the Council for action. Mr. Severance stated he was sure this would be satisfactory. Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«Regular Meeting of the Baldwin Park City Council December 7, 1966 Page 21 I Councilman Morehead stated at this moment he was not in agreement with extending the time to one hundred twenty 120) days; that as large an institution as this Savings and Loan was and as well managed as it was, he could not understand why it would take four months to renovate this property. Mr. Severance stated the tenant it had been leased to was considering the possibility of constructing an entire) new structure for C-I use on the property; that thirty 30) days was needed to get the plans developed for that; that it was not a certainty it would go in this direction but they be- lieved it would; that if he did submit such plans the present structure would be cleared off the property; that construc- tion loans took a little time; that if it did not materialize in this direction they would want to pursue the present re- quests for permits which had already been made to the Build„ ing Department and put further money into rehabilitation of the wiring which was the principal defect that he saw at the moment which was raised by the City; that otherwise the house was habitable right now. Discussion followed that the property was C-I; that the structure was nonconforming. Councilman Morehead asked if it would take a variance to bring the building up to Code; that it was in a nonconform- ing status at the present time being a residence. City Engineer French stated it could not be developed as a residence; that it had to be developed to the C-I standard and as a C-I use. As there was no one else in the audience desiring to speak PUBLIC HEARING in behalf of or in opposition to N-L1.5, Mayor McCaron declared DECLARED CLOSED the public hearing closed. N-L5 RESOLUTION NO. 66-328 FINDING RES. NO. 66-3?8 AND DETERMINING THE EXISTENCE ORDERING ABATEMENT OF A PUBLIC NUISANCE AND N-45 ORDERING THE SAME ABATED N-45) 12Q DAYS TO ABATE City Attorney Flandrick suggested that Section 2 read That if the owners of said property, or others having an SECTION 2 AMENDED interest therein, do not abate said nuisance by removing the buildings, structures and debris from said property or reconstructing all said buildings and structures so as to meet all Municipal Code requirements and removal of all said debris within one hundred twenty 120) days from the date hereof, the Chief Administrative Officer is in- structed to abate the same, as provided in Section 3208 et seq of the Baldwin Park Municipal Code." COUNCILWOMAN GREGORY MOVED THAT RESOLUTION NO. 66-326 BE RES. NO. 66-328 ADOPTED AS AMENDED AND FURTHER READING BE WAIVED. COUNCILMAN ADAIR SECONDED. Roll Call. There were no objections, the motion carried and was so ordered. 00- Mayor McCaron stated he had received a letter from Robert J Kallemeyn resigning from the Planning Commission; that the letter stated it was not convenient for him to continue serving. COUNCILWOMAN GREGORY MOVED THAT THE CITY COUNCIL ACCEPT THE RESIGNATION OF ROBERT J. KALLEMEYN WITH REGRET AND THAT THE CHIEF ADMINISTRATIVE OFFICER BE INSTRUCTED TO DRAFT A ADOPTED LETTER OF RESIGNATION ROBERT J. KALLEMEYN PLANNING COMMISSION RESIGNATION ACCEPTED C.A.O. TO DRAFT LETTER FOR MAYOR'S SIGNATURE font in'ued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1966 12 07 CC MINHÄ—@¸—2“Í«3190 Regular Meeting of the Baldwin Park City Council LETTER TO BE SIGNED BY THE MAYOR ON BEHALF OF THE CITY COUNCIL THANKING HIM FOR THE FIVE YEARS HE HAD SERVED ON THE PLANNING COMMISSION AND FOR HIS TIME AND EFFORTS WHICH HAVE CERTAINLY HAD VALUE TO THE CITY. COUNCILMAN MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered. Mayor McCaron stated possibly at the next meeting there would be an executive session to discuss a replacement; also if the Annexation Procedural Committee was formed the appointments could be considered. 00- Chief Administrative Officer Nordy requested a brief Executive Session on one of the nuisance abatement pro- blems, which might resolve in litigation to bring the Council up to date on what was occuring and what they could expect, 00- AT'g:55 P.M. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL RECESS INTO EXECUTIVE SESSION. COUNCILWOMAN GREGORY SECONDED. There were no objections, the motion carried the was so ordered. 00- At 10:08 m, the Council reconvened in regular session. 00- AT 10:09 P.M. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL ADJOURN. COUNCILWOMAN GREGORY SECONDED. There were no objections, the motion carried and was so ordered, 00- December 7, 1966 Page 22 EXECUTIVE SESSION POSSIBLY NEXT REG. MTG. TO DISCUSS APPOINTMENTS TO P,C. AND ANNEXATION PRO- CEDURAL COMMITTEE REST FQR EX£CU- TI SESSION ON NUISANCE ABATEMENT PfLEM POSSIBLE LITIGATION' PM. COUNCIL $$E D INTO EXECUTI USSION 10:00 P A, COUNCIL RECONVENED 14 F46. SESSION ADJ. AT 10:09 P.M, THELMA L. BALKQSP CITY CLERK APPROVED: 1966. Date of Distribution to City Council Date of Distribution to Departrrents I BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 Í«3180 Regular Meeting of the Baldwin Park City Council December 7, 1966 Page 12 In answer to questions by Councilwoman Gregory, Planning Director Chivetta stated the staff would be presenting approximately four 4) different proposals to the Planning Commission on December 28, 1966; that he could not predict when the Specific Street Plan would be presented to the City Council; that in looking at the requirements for dedication a separate ordinance could be drafted that would state basically before any property assumed this R-3 reclassification that they shall dedicate in total for the streets; that this would mean the total street proposed before anyone got anything. Mayor McCaron stated it appeared there could be sufficient amount of the street dedicated so as to make it at least adequate for the present; that this part still should be resolved; that the street in that area was in very poor condition and needed development. Mr. Paul James stated he had had a number of meetings at his home with the neighbors; that essentially every one of the people had said they did not want just a development or something rezoned; that they wanted it rezoned well and the preplanning built into it before something haphazard started; that the people he had talked with were not interested in the amount of time necessarily but wanted a good development. Mayor McCaron stated it might be well to contact the property owners to see if they were willing to go ahead with the proper development and dedicate wherein Mr. James stated he spoke for three owners this evening who had told him they were willing to dedicate thirty 30) feet off of the back of their land. Mayor McCaron stated that Tracy was also inadequate at the present time; that the Planning Director could discuss what would be necessary to at least handle the traffic that would be generated by that amount the property if it were fully developed R-3. Mr. David Chadbourne, 13520 Tracy Street, Baldwin Park, DAVID CHADBOURNE, stated the people had been coming to meetings on this 13520 Tracy, B.Pk. case for five 5) months; that the reason there was not a larger turn out was because this matter had been put off for about five 5) months, plus a few years; that these same questions had come up before as to how wide was the street, what type of street it was and so forth; that he was under the impression that the land could be acquired for the streets; that the matter was in the same spot" it was five 5) months ago, it had not moved an inch. Mayor McCaron stated in his opinion this matter had moved forward somewhat; that it appeared there was no objections to the rezoning but to the proper development of the area; that the people who wanted the zone change should get together and dedicate the ground for the street. Mr. Chadbourne stated he thought the City should get together with the people and ask if the City could take the property and get the proper access to it at the present time if one gentleman would not wish to dedicate his portion of the land. Mayor McCaron stated yes; that whoever benefited by it would have to pay for it; that whenever something was forced on an individual this privilege had to be paid for. Continued) BIB] 39576-U01 1966-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116938-U03 DO117019-U03 C4-U03 MINUTES1-U03 5/7/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06