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Home My WebLink About1968 12 04 CC MIN1968 12 04 CC MIN ×P#Ý˜ö INDEX MINUTES 12/4/68 PAGE C.A.0. & City Clerk excused I Minutes 11/20/68 approved I Res. 68-251 Claims & Demands adopted 1 Proposed Annexation #19 proposal to be filed 2 Fire works permits discussion 2 Claim Jeri Marie Haungs denied & referred to Its, carrier 2 T. U. P. Christmas trees approved Rohde & Poyner at Pacific & Puente 2 0. Pk. Christian School, 3600 Baldwin Park Blvd. 2 Ord. No. 539 Agenda Procedure Introduced 3 C.A.0. Items 2 & 3 Held over 3 Res. 68-250 68-S-60, 61, 62 & 63 adopted 3 Res. 68-249 68-N-68, 69, 70 & 71 adopted 4 Mrs. Lucille Day, 3354 Barnes sidewalk costs 4 Grace Avenue Assessment District, 68-A-1 5 Mrs. Willa L. Doerfler, 4555 Center St. costs 6 Res. 68-252 A/D 68-1 adopted 8 Res. 68-253 A/D 68-1 adopted 8 Res. 68-254 A/D 68-1 adopted 8 Sp-11 Letter of protest County Found 8 Testimony Willis McKnight 9 Testimony Keith Johnson 10 Testimony Michael Valencia II Testimony Russell Donahue 11 Testimony Charles Wenborne 12 Testimony John Andrich 13 Hearing Closed SP-I1 denied 14 68-S-58 Held over to 12/18/68 Council Meeting 15 Res. 68-248 68-S-55, 683-56, 68-S-57 adopted 15 Ord. No. 537 AZC 39 adopted 15 Mtg. Ad j. 9:50 p.m. to 4:00 p.m. December 11, 1968 16 1 1968 12 04 CC MIN ×P#Ý˜ö 37 REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL DECEMBER 4, 1968 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. City Engineer French led the salute to the flag. FLAG SALUTE Roll Call Present: COUNCILMEN ADAIR, GREGORY, ROLL CALL HAMILTON, MOREHEAD AND MAYOR MCCARON Absent: CHIEF ADMINISTRATIVE OFFICER NORDBY, CHIEF OF POLICE ADAMS AND CITY CLERK BALKUS Also Present: CITY ATTORNEY FLANDRICK, CITY ENGINEER FRENCH, PLANNING DIRECTOR CHIVETTA, FINANCE DIRECTOR DUNCAN, CAPTAIN OILEARY, CITY TREASURER CODLING AND DEPUTY CITY CLERK CORYELL 00- COUNCILMAN MOREHEAD MOVED THAT THE CHIEF ADMINISTRATIVE C.A.0. & CITY OFFICER NORDBY AND CITY CLERK BALKLIS BE EXCUSED. COUNCIL- CLERK EXCUSED MAN GREGORY SECONDED. There were no objections, the motion carried and was so ordered. 00- COUNCILMAN GREGORY MOVED THAT THE MINUTES OF NOVEMBER 20, MINUTES OF NOV. 1968 BE APPROVED AS AMENDED. COUNCILMAN MOREHEAD SECONDED. 20, 1968 APPROVED There were no objections, the motion carried and was so AS AMENDED ordered. 00- As there were no objections, the payment of bills was considered at this time. RESOLUTION NO. 68-251 ALLOWING CLAIMS RES. NO. 68-251 AND DEMANDS AGAINST THE CITY OF BALDWIN ALLOWING CLAIMS & PARK. DEMANDS AGAINST THE CITY OF B. PK. PAYROLL PERIOD II/I/68 THROUGH 11/15/68 GEN. CLAIMS & DEMANDS NOS. 2420 THROUGH 2467 COUNCILMAN ADAIR MOVED THAT RESOLUTION NO. 68-251 BE RES. NO. 68-251 ADOPTED AND THAT FURTHER READING BE WAIVED. GOMCILI ADOPTED MOR_EHEAD SECONDED.. Ro L l, Cal I There were no ob jec:t l ons, the motion carried and was so ordered. 00- 0003988 1968 12 04 CC MIN ×P#Ý˜ö0003989 Regular Meeting of the Baldwin Park City Council December 4, 1968 Page 2 Planning Director Chlvetta gave a report from the REPORT FROM A.P.C. Annexation Procedural Committee. He stated that ON REC. ANNEX. TO they are recommending that the Council Instruct the B. PK. staff to file an Annexation Justification Proposal with LAFCO for that area located on Baldwin Park Boulevard, south of the San Bernardino Freeway; that the area contains approximately 20 acres; six parcels are in- volved; it is uninhabited and there are nine registered voters in the area. He stated that odd configurations of the City's boundary lines will be straightened by this annexation. COUNCILMAN MOREHEAD MOVED THAT THE COUNCIL INSTRUCT MOTION MADE & CARRIED THE STAFF TO SUBMIT THE NECESSARY JUSTIFICATION PROPOSAL THAT COUNCIL INSTRUCT WITH LAFCO. COUNCILMAN GREGORY SECONDED. There were no STAFF SUBMIT NECESSARY objections, the motion carried and was so ordered. JUSTIFICATION PROPOSAL WITH LAFCO 00- Councilman Morehead reported on the informal meeting, REPORT RE MEETING TO authorized by Council and held on December 2nd, to DISCUSS FIREWORKS PERMITS discuss fireworks permits. He stated that It was a HELD DEC. 2ND. fine session; that the minutes will show what our service clubs and other organizations would like to have Council consider In regard to fireworks permits; that the minutes will be a definite guideline as to what realistic route the City should take in the future; that a report will be made to the Council at a later date. 00- Claim against the City of Baldwin Park and the Rio Hondo CLAIM AGAINST CITY Junior College School District from Jeri Marie Haungs, & RIO HOBO JR. COLLEGE 8405 Telegraph Road, Pico Rivera, California,regarding SCHOOL DIST. JERI MARIE an accident occurring during Police Academy training HAUNGS, 8405 TELEGRAPH RD. program and involving two unidentified police officers. PICO RIVERA City Attorney Flandrick recommended denial and referral to the Insurance carrier. COUNCILMAN GREGORY MOVED THAT THE CLAIM BE DENIED AND MOTION MADE & CARRIED REFERRED TO THE INSURANCE CARRIER. COUNCILMAN MOREHEAD THAT CLAIM BE DENIED SECONDED. There were no objections, the motion carried & REFERRED TO INS. and was so ordered. CARRIER 00- Application for a Temporary Use Permit for sale of Christ- APPLICATION T.U.P. mas trees from Richard Rohde and Larry Poynor, Pacific and CHRISTMAS TREE SALE Puente; applicant has lease from Seaside Oil Co., Insurance and RICHARD ROHDE & LARRY h e has paid $25.00 filing fee. City Attorney Flandrick POYNOR, PACIFIC & recommended that, if it was to be,approved, It be approved PUENTE providing a business license Is obtained and that they be required to comply with the zoning regulations. COUNCILMAN GREGORY MOVED THAT THE TEMPORARY USE PERMIT FOR MOTION MADE & CARRIED, SALE OF CHRISTMAS TREES BE APPROVED PROVIDED THAT A BUSINESS T.U.P. FOR SALE OF LICENSE IS OBTAINED AND THAT THE APPLICANTS COMPLY WITH THE CHRISTMAS TREES BE ZONING REGULATIONS. COUNCILMAN MOREHEAD SECONDED. There APPROVED; PROVIDED BUS. were no objections, the motion carried and was so ordered. LICENSE OBTAINED & APPLICANTS COMPLY ZONING REGULATIONS. 00- 1968 12 04 CC MIN ×P#Ý˜ö t,^ l 000:3990 Regular Meeting of the Baldwin Park City Council December 4, 1968 Page 3 Application for a Temporary Use Permit for sale of APPLICATION T.U.P. Christmas trees from Baldwin Park Christian School, CHRISTMAS TREE SALE 3600 Baldwin Park Boulevard; insurance to be provided BALDWIN PARK CHRISTIAN by applicants; request waiver of fee. SHCOOL, 3600 BALDWIN PK. BLVD. MAYOR MCCARON MOVED THAT THE TEMPORARY USE PERMIT FOR MOTION MADE & CARRIED, SALE OF CHRISTMAS TREES BE APPROVED AND THAT THE FEE T.U.P. FOR SALE OF BE WAIVED. COUNCILMAN ADAIR SECONDED. There were no CHRISTMAS TREES BE objections, the motion carried and was so ordered. APPROVED; FEE WAIVED 00- ORDINANCE NO. 539 AMENDING SECTION 2700 ORD. NO. 539 AMENDING OF THE BALDWIN PARK MUNICIPAL CODE, SECT. 2700 OF THE BPMC, RELATING TO OFFICIAL PROCEDURES RELATING TO OFFICIAL PROCEDURES COUNCILMAN GREGORY MOVED THAT FURTHER READING OF ORDINANCE FURTHER READING OF NO. 539 BE WAIVED. COUNCILMAN MOREHEAD SECONDED. There ORD. NO. 539 were no objections, the motion carried and was so ordered. WAIVED COUNCILMAN GREGORY MOVED THAT ORDINANCE NO. 539 BE ORD. NO. 539 INTRODUCED. COUNCILMAN MOREHEAD SECONDED. There were INTRODUCED no objections, the motion carried and was so ordered. 00- Items 2 & 3,under Chief Administrative Officer, regarding ITEMS 2 & 3 UNDER C.A.0. Business Licenses were held over to the Adjourned Meeting HELD OVER TO ADJ. MTG. on December lip 1968. DEC. KITH. 00- City Engineer French reviewed his report on the initiation INITIATION OF SHORT of Short Form 1911 Acts; 68-5-60 for curb and gutter on FORM 1911 ACTS; 685-60, the northwest side of SticFmaan Avenue between Pacific and NW SIDE STICHIMAN AVE, Central Avenues; 68-S-61 for curb and gutter on the north- BET. PACIFIC AVE, & west side of Frazier Street between Francisquito Avenue and CENTRAL AVE. C&G) Emery Avenue; 68-S-62 for curb and gutter on the east side of La Rica Avenue between Ramona Boulevard and Clark Street; 68-S-61, NW SIDE FRAZIER 68-S-63 for curb and gutter on the southeast side of Frazier ST. BET. FRANCISQUITO Street between Fairgrove Street and Garvey Avenue. AVE. & EMERY AVE. C&G) 68-5-62, E SIDE LA RICA AVE. BET. RAMONA BLVD. & CLARK ST. C&G) 685-63, SE SIDE FRAZIER ST. BET. FAIRGROVE ST. & GARVEY AVE, C&G) RESOLUTION NO, 68.2.50 DECLARING ITS RES. NO. 68-250 INTENTION TO CAUSE CONSTRUCTION OF DECLARING INTENT TO CERTAIN IMPROVEMENTS PURSUANT TO THE CAUSE CONSTRUCTION PROVISIONS OF SECTION 5870 ET. SEQ., OF THE STREETS AND HIGHWAYS CODE OF P,H, JAN, 2, 1969 THE STATE OF CALIFORNIA COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 68-250 BE RES. NO. 68-250 ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN ADOPTED HAMILTON SECONDED. There were no objections, the motion carried and was so ordered. 00- 1968 12 04 CC MIN ×P#Ý˜ö 0001991_ Regular Meeting of the BaIdwln Park City Council December 4, 1968 Page 4 City Engineer French reviewed his report on the initiation INITIATION OF P.N, of Public Nuisance Case Nos. 68-N-68, 1461() Central Avenue; CASE NOS, 4641-40, 6"-69, 13900 Ramone Boulevard; 68-N-70, 4222 Downing Avenue; 68-8-69, 68-11-70 A and 68-N-71, 15135 E. Olive Street. 68-N-71 RESOLUTION NO. 68-2e49 SETTING A TIME AND RES. NO. 6$-249 PLACE FOR A HEARING TO DETERSINE WHETHER SETTING HEARING TO DETERMINE WHETHER P.N. CERTAIN-,BUILDINGS AND STRUCTURES CONSTITUTE PUBLIC NUISANCES P.H. JAN 2, 1969 COUNCILMAN SOREHEAD MOVED THAT RESOLUTION NO. 68-249 BE RES. NO. 68-249 ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN ADOPTED HAMILTON SECONDED. There were no objections, the motion carried and was so ordered. 00- City Engineer French presented his report regarding a CITY ENGR. REPORT complaint from Mrs. Lucille Day regarding costs given to RE MRS. LUCILLE DAY her by the Engineering Department In October 1967. TESTIMONY WAS GIVEN by: TESTIMONY Mrs. Lucille Day, 3354 Barnes Avenue, Baldwin Park stated MRS. LUCILLE DAY that she had received a letter from Mr. French's office 3354 BARNES AVE. B. PK. in connection with her sidewalks; that according to the letter Mrs. Day had made a statement to the City Engineer that the $408 figure was ridiculous and that the City, by agreement, must do the work for approximately $300 or she would sue the City and make them perform. Mrs. Day said this was not so, that she had not stated this. She said she had told them she would get an attorney if the Council wouldn't be reasonable with her and, in accordance with the agreement she had from the Council last year, that she could collect. Mayor McCaron stated that the only thing the City can do now is to quote Mrs. Day the actual cost, which is the cost to the City, and that she will be charged that amount If she puts up a deposit at the time the price Is given to her. He informed Mrs. Day that It is not necessary for her to have the City do the work. Mrs. Day said that she wanted the City to do the work. MRS. DAY City Engineer French stated that when the City collected for the curb and gutter, they collected for a parcel 125 x 50 ft.; that at this time it was discovered that the parcel was actually 125 x 75 ft.; that on a record check It turned up that Mr. Day had filed a hand-drawn sketch, when he took out his permit, showing he had a lot 125 x 75 ft.; that the City felt the error in the curb and gutter was theirs and installed them at no additional cost; that the City does not feel they should be committed to the 125 x 50 ft. In figuring the side- walks and drive approach, now that it has been revealed that there is an additional 25 ft. included in the property. He stated that no deposit or commitment was made for this work In October 1967; that the City did tell Mrs. Day what they thought it would cost. Mrs. Day asked how it was possible that her curbs and MRS. DAY gutters were installed and paid for a year ago for 125 x 75 ft. without being notified there was an additional 25 ft. Continued) 1968 12 04 CC MIN ×P#Ý˜ö 0003992 Regular Meeting of the Baldwin Park City Council December 4, 1968 Page 5 Mayor McCaron Informed Mrs. Day that it was not possible for the City to put in the improvements at a price quoted over a year ago; that she was free to have her own contractor put them in. Mrs. Day stated that she had called a contractor who MRS. DAY was going to charge her $650, and when he came to City Hall for a permit he was turned down. City Engineer French asked the contractor's name and Mrs. Day said she couldn't recall his name. She said she had called other contractors; that they would not take the job and she did not knew why. City Engineer French stated that there is a list at City Hall of contractors licensed to do business in Baldwin Park. Mrs. Day said she knew she had 125 x 75 ft. but wanted to MRS. DAY know why she wasn't notified when the City took an estimate of her land. Mayor McCaron stated that based upon the amount of footage that she has now, this is the amount she would have to pay. Mrs. Day said that the City would not accept her check when MRS. DAY she came in to pay over a month ago. City Engineer French stated that the figure for Mrs. Day's property, 125 x 75 ft. frontage, sidewalk and drive approach and permit fee is $408.40; that this price Is based upon the City's present contract and the City is opening bids this month, so this price will only maintain until the 18th of December. Mayor McCaron explained to Mrs. Day that this price had no reference to whatever price was quoted to her over a year ago; that the price was based upon 50 x 125 ft. He informed her that her house is placed on two separate lots rather than being on one lot; that they have different legal descriptions. Councilman forehead asked Mrs. Day how many tax bills she received annually on her property, to which she replied, two." He informed her that a person will never receive two separate tax bills on one piece of property; that he thought she misunderstood the plot plan of her property when she referred to it as one piece of property; that the City Hall records, a facsimile of the County Assessor's roil, show that there are two separate pieces of property. OO- OATH OATH Deputy City Clerk Coryell administered the oath to those in the audience desiring to be heard during the meeting. 00- PUBLIC HEARINGS: PUBLIC HEARINGS 8:00 P.M. The hour of 8:00 having arrived, it was the time and RES. OF INTENT place fixed for the hearing on the Resolution of 68-238, GRACE AVE. Intention for Assessment District A/D 68-I Grace Avenue) Resolution No. 68-238 of the City of Baldwin Park. Continued) 1968 12 04 CC MIN ×P#Ý˜ö 0003993 Regular Meeting of the Baldwin Park City Council December 4, 1968 Page 6 City Attorney Flandrick stated that this was the protest PURPOSE OF HEARING hearing under the 1911 Act for the Improvement of Grace Ave, City Engineer French indicated the area of Grace Ave. RESUME AREA AND affected by this district which is entlrely within the City. IMPROVEMENTS He indicated that the proceedings were taken pursuant to the Improvement Act of 1911, which act had been used in the past by the City; no change in grade is involved, and all properties involved will receive direct benefits from the proposed construction, in that they will have street access, which should result in an increase n value; the benefits derived will be commensurate with the costs to be incurred. Deputy City Clerk Coryell presented the following: a) Affidavit of Publication of Resolution No. 68-238, b) Affidavit of Posting Notice of Improvement, c) Affidavit of Mailing Notice of Improvement and d) Statement regarding recordation. COUNCILMAN MOREHEAD MOVED THAT THE AFFIDAVIT OF PUBLICATION MOTION MADE & CARRIED OF RESOLUTION NO. 68-238, THE AFFIDAVIT OF POSTING NOTICE OF THAT THE AFFIDAVIT OF IMPROVEMENT, THE AFFIDAVIT OF MAILING NOTICE OF IMPROVEMENT PUBLICATION OF RES. NO. AND THE STATEMENT REGARDING RECORDATION BE RECEIVED AND FILED. 68-238, THE AFFIDAVIT COUNCILMAN ADAIR SECONDED. There were no objections, the OF POSTING NOTICE OF motion carried and was so ordered. IMPROVEMENT, THE AFFIDA- VIT OF MAILING OF NOTICE OF IMPROVEMENT AND THE STATEMENT REGARDING RECORDATION BE RECID & FILED City Engineer French read in full one 1) letter of protest from Alfred and Willa L. Doerfler, 4555 Center Street, ONE 1) LETTER OF PRO- Baldwin Park. Letter In official files) TEST: ALFRED & WILLA DOERFLERj 4555 CENTER ST. TESTIMONY WAS GIVEN by: TESTIMONY Mrs. Willa L. Doerfler, 4555 Center Street, stated that she would like to know how wide Grace Avenue would be, MRS. WILLA L. DOERFLER and City Engineer French replied that it would be a width 4555 CENTER ST., B. PK. of 40 ft., curb to curb, with 60 ft. from property line to property line, terminating In a cul-de-sac with 44 foot radius. He informed her that all of the property owners had been notified of the City's estimated assessment; that they had all paid part of their assessment by use of dedication and that her cost represented the aquisitlon costs of her property. He stated that her assessment could be re- duced approximately $1,200; that she and her husband were the only property owners who had not become a part of the district by dedication of their property to the district. Mrs. Doerfler stated that she thought the estimate was too MRS. DOERFLER high, and City Engineer French replied that It was just an estimate made before any bids had been received; that the City does not know final costs at this time; that the City is not allowed to exceed the estimated cost by more than a statutory percentile without further notification. Mayor McCaron explained that the entire district would incur an additional cost In the condemnation proceedings that would be necessary to carry this development on through; that the City Engineer would be glad to explain the effect that this would have on the rest of the street. Mrs._Doerfler stated that she did not intend to pay the MRS. DOERFLER estimated cost. 1968 12 04 CC MIN ×P#Ý˜ö 0003994 Regular Meeting of the Baldwin Park City Council December 4, 1968 Page 7 Mayor McCaron stated that f the City had to buy a portion of the Doerfler property and condemn it in order to buy it, then the cost of condemning and buying it would have to be spread among their neighbors. This could be saved if their portion were dedicated for the street. Mrs. Doerfler stated that she did not intend to dedicate. MRS. DOERFLER City Engineer French stated that there were 13 parcels in the district, that 8 parcels had direct frontage on the street and that the petition that the City received to proceed with this improvement had 12 signatures, one of which was Mrs. Doerflers. Mrs. Doerfler stated that she had signed the petition, MRS. DOERFLER but she did not know it would cost her $4,000. Councilman Morehead stated that since the petition was presented to the City in the form that it was, the City had no real choice but to proceed with the petition since the majority of the property owners wanted it done. City Engineer French stated that he would be most happy to explain what could be done to reduce the Doerfler's and their neighbors' assessments, by her dedication. Mrs. Doerfler inquired why her assessment was double the MRS. DOERFLER other property owners, and City Engineer French replied that he did not believe her assessment was double any- one elses, with perhaps one exception; that all of the assessments were different as they reflected the amount of work that had to be done on that particular parcel; that some of the properties had improvements already in; that the Doerfler property does not have sewers, curb gutter and sidewalks so their assessment would reflect this difference. Mrs. Doerfler asked whether everyone had donated the same MRS. DOERFLER amount, and City Engineer French stated that some had donated more but that everyone had donated at least 30 feet. Mayor McCaron stated that it is really not a donation, but it is for the benefit of the property owners. Councilman Hamilton stated that he did not believe Mrs. Doerfler understood that the City has no other alternative than to proceed with this improvement, and if she holds out it will only cost her more money. Mayor McCaron told Mrs. Doerfler that if she would come into the City Engineer's office he would answer any question she might have. City Engineer French stated that the protest represented 12J% of the district; that the property represented by the protest will receive the same benefit as non protesting properties. As there was no one else in the audience desiring to speak PUBLIC HEARING DECLARED either in behalf of or In opposition to Grace Avenue CLOSED GRACE AVE. Assessment District, A/D 68-1, Mayor McCaron declared the A/D 68-1 hearing closed. RESOLUTION NO. 68-252 N ERRULING AND RES. NO. 68-252 DENYING PROTESTS AFFECTING ASSESSMENT OVERRULING 3r DENYING DISTRICT A/D 68-1 GRACE AVENUE) PROTESTS AFFECTING ASSESSMENT DIST. A/D 68-I 1968 12 04 CC MIN ×P#Ý ˜ö 0003995 Regular Meeting of the Baldwin Park City Council December 4, 1968 Page 8 COUNCILMAN MOREHEAD MOVED, BASED UPON THE EVIDENCE RES. NO. 68-262 PRESENTED AND THE CITY ENGINEER'S RECCAVAENDATION, ADOPTED THAT RESOLUTION NO. 68-252 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMM HAMILTON SECONDED. Roll Call. There were no objections, the motion carried and was so ordered. RESOLUTION NO. 68-253 ORDERING THE RES. NO. 68-253 WORK AND ACQUISITION AND CONFIRMING ORDERING WORK & ACQUISITION AND RATIFYING THE PUBLICATION OF NOTICE & CONFIRMING & RATIFYING INVITING BIDS AND SCALE OF PREVAILING PUBLICATION OF NOTICE WAGES IN CONNECTION WITH ASSESSMENT INVITING BIDS & SCALE OF DISTRICT A/D 68-I GRACE AVENUE) PREVAILING WAGES IN CONNECTION WITH ASSESSMENT DISTRICT A/D 68-1 GRACE AVE.) City Attorney Flandrick stated that on page 2, section PAGE 2, SECT. 8, INSERT 8, the following should be inserted 7:30. p.m." and 7:30 P.M." & JAN. 15, 1969" January 15, 1969". COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 68-253 RES. NO. 68-253 ADOPTED BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCIL- MAN ADAIR SECONDED. There were no objections, the motion carried and was so ordered. RESOLUTION NO. 68-254 FINDING AND RES. NO. 68-254 DETERMINING THAT THE PUBLIC INTEREST, FINDING & DETERMINING THAT CONVENIENCE AND NECESSITY REQUIRE THE THE PUBLIC INTEREST, ACQUISITION OF CERTAIN RIGHTS-OF-WAY CONVENIENCE & NECESSITY RE- FOR PUBLIC STREET AND STORM DRAIN PURPOSES QUIRE ACQUISITION OF CERTAIN AND ALL USES APPURTENANT THERETO GRACE RIGHTS-OF-MAY FOR PUBLIC AVENUE) A/D 68-1 STREET & STORM DRAIN PURPOSES & ALL USES APPURTENANT THERE- TO GRACE AVE.) A/D 68-I COUNCILMAN MOREHEAD AWED THAT RESOLUTION N0. 68-254 RES. NO. 68-254 ADOPTED BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCIL- MAN GREGORY SECONDED. There were no objections, the motion carried and was so ordered, 00- It was the time and place fixed for a public hearing on SP-11. Planning Director Ch)vetta presented his staff report PUBLIC HEARING on SP-11, the Baldwin Park Planning Commission's intent to consider a proposed amendment to the Compre- PLAN. DIR. STAFF REPORT hensive General Plan, Community Design Study, for the RE SP-11 REC. COUNCIL CONCUR City of Baldwin Park regarding: Street circulation WITH RECOMMENDATIONS PLAN. for the area bounded by Badlllo Street on the south, COIIMAISSION the Southern Pacific Railroad right-of-way on the west and north, and on the east by the boundary line of the City of West Covina and Puente Avenue. He indicated the area involved on the map and stated that it was recommended by the Planning Commission, their Resolution PC68-21, that the Council concur with their recommendations. Proper postings and mailings had been accomplished. POSTINGS, MAILINGS One 1) letter of protest was received from the County 1) ONE LETTER OF PROTEST of Los Angeles Department of Real Estate Management FROM CO. OF L.A. DEPT. OF regarding the County pound property. Copies were REAL ESTATE MANAGEMENT RE given to each of the Council members Copy of letter COUNTY POUND PROPERTY In official files). The objections offered were the 786 HALL OF ADiM11N., L.A. loss of six or seven parking spaces and the proximity of the cul-de-sac on the easterly boundary of the facility housing the kennel runs, possibly creating a hardship and nuisance to the dogs impounded therein. They stated that consideration must be given to the large Investment of money In existing pound facilities, and Continued) 1968 12 04 CC MIN ×P#Ý ˜ö 0003996 Regular Meeting of the Baldwin Park City Council December 4, 1968 Page 9 that their department is in no position to make a statement as to the possible voluntary dedication of County property to the City of Baldwin Park or whether full market value would be required for the County- owned property needed for the proposed street. Mayor McCaron asked whether the City had been in touch with the City of West Covina regarding the portion that affects them and Planning Director Chivetta stated that the Engineering Office had been In touch with the City of West Covina and the City of Irwindale, and that their staffs had concurred with this proposed plan and had stated that if the City of Baldwin Park approved this plan they wanted to take the necessary steps for an amendment to their plans to reflect the same. Mayor McCaron asked whether It was the intent, on the extention of Puente Avenue, that if the street is swung over that the balance of the street will be vacated for other development. Planning Director Chivetta stated, yes", and the adjacent property owners would have a chance to acquire the property. There would be 60 ft. of right-of-way and 40 ft. of pavement, the same as Puente is at the present time. Planning Director Chivetta stated that according to the proposed street circulation plan, this would preserve the 10 acres presently owned by Pacific Theaters so that it can develop into an industrial park or some other type of industrial development. It was taken into consider- ation that only 30 ft. would have to be taken off the Pacific Theater property and the other 30 ft. was already acquired. He stated that no assessment district had been set up as yet; that it was a paper street; that it was hoped that the plan as proposed would open up the area when development takes place; that this would give a main thoroughfare to Los Angeles St. so that the businesses can have adequate Ingress and egress and ready access to the 605 freeway to the west and to Azusa and other cities to the east. Mayor McCaron stated that the effect of this plan would be, if adopted, that the property would have to develop according to this plan. Planning Director Chivetta said, yes, unless amended." TESTIMONY IN OPPOSITION WAS GIVEN by: TESTIMONY IN OPPOSITION Mr. Willis E. McKnight, 14901 East Ramona Boulevard, MR. WILLIS E. MCKNIGHT, Baldwin Park, stated that the proposed street on Auction 4901 EAST RAMONA BLVD, Avenue would cut off about I/3 of his property; that B. PK. the City has substandard lots now and the day his company has to put that street across the back end it would ruin the property, both from the standpoint of the road alongside of it and cutting the back 1/3 in half; that there Is no way he can get a heavy piece of equipment across the road without hauling it across. Planning Director Chivetta stated that getting from one area to another Is the land owners problem; that if Mr. McKnight Is filing a protest, the staff had recommended that this part of the plan be deleted the Vineland continuation between Badillo and Ramona Boulevard and also Auction Avenue). Continued) 1968 12 04 CC MIN ×P#Ý˜ö000399'7 Regular Meeting of the Baldwin Park City Council December 4, 1968 Page 10 Mayor McCaron stated that the way it was set up now, this area was just a hodgepodge of property lines; that there was nothing clear cut In the whole area; that the City had to have some guide lines to go by and that was what this proposed plan would do; that it would preclude anyone frown building on the property Itself in the areas that are indicated for future street; that the problem of getting from one area to the other could be solved. In answer to Mayor McCaron's question as to what effect this plan would have on the value of his property, Mr. McKnight stated that the property, f he wasn't mistaken, was 100 ft. at right angles in width and approximately 900 ft. long; that If 15 or 20 ft. are taken off of one side for street right-of-way It would leave 80 to 85 ft. and that Is a substandard lot in any kind of commercial zone; that f the company wanted to build an additional shop or building there, they would be forced to put a curb in and pave in front of it; that this would really make a hodgepodge out of It. He stated that the way it is now, they could use the driveway or the whole lot if they wanted to, but If a curb was put in they would be unable to get in and out with their equipment. He stated that if he wanted to improve the property at all he would have to get a permit, and he would be forced to improve the front of it according to the City's Master Plan. He stated he did not know why he should be subjected to this whets he built there in good faith; that he did not think the City had the right to come in and ruin a piece of property that he had been using for all these years; that the property would be substandard. Mr. McKnight stated that he would like to know who was for this plan; that he had attended all of the meetings he had received correspondence on and no one at the meetings had been in favor. Mayor McCaron stated that this plan involves a large area and needs some sort of access; that if there is to be any future development for it, other than its present useage, then it would require some sort of guideland for development. Mr. McKnight stated it should have been done twenty MR. ACKNIGHT years ago. Mayor McCaron asked Mr. McKnight if it was his intention to use the property as it s for the purpose that it is, and did he have further develop- ments to put on the property to use It as'a whole and use it as one parcel, and Mr. McKnight replied that this was right. Deputy City Clerk Coryell again administered the oath. OATH ADMINISTERED AGAIN TESTIMONY IN OPPOSITION WAS GIVEN by: TESTIMONY IN OPPOSITION Mr. Keith Johnson, 13064 Judith, stated that he lived MR. KEITH JOHNSON completely away from this area; that this plan would 13064 JUDITH, B. PK. bring in commercial type traffic to cone up on Puente Avenue; that he wouldn't want his children going to school with any more traffic coming down that street than there is right now. Planning Director Chivetta stated that the proposal of the compound curve to line up at right angles with the proposed prolongation of Puente Avenue through to Los Angeles Is to relieve a point of conflict; that there will not be any more traffic going either to Los Angeles or from this area Into the residential area than there Is at the present time; Continued) 1968 12 04 CC MIN ×P#Ý 1968 12 04 CC MIN ×P#Ý ˜ö0003 00h Regular Meeting of the Baldwin Park City Council December 4, 1968 Page 12 Mr. Donahue stated that he felt that the cul-de-sac MR. DONAHUE should be moved back to the end of the ingress and egress, if a cul-de-sac is going to be put In. Planning Director Chivetta stated that this could be done easily by pushing up the bubble another 150 or 20'0 feet. He explained to Air. Donahue that it would not be a half cul-de-sac but rather an off-set cul-de-sac. Mr. Donahue said that the way It is set up now, a rig MR. DONAME 165 feet long could not turn around In It. TESTIMONY WAS GIVEN by: TESTIMONY Mr. Charles Wenborne, 12827 Fairgrove, stated that he AIR. CHARLES WENBORNE, operates a business at 15308 Ramona Boalevard, at the 12827 FAIRGROVE, B. PK. corner of Ramona Boulevard and the existing Puente Avenue. He stated that he didn't know whether he was for or against the plan; that he would like some Infor- oration;that he had a lease with the property owner, Mr. Zachary; that he wanted to know if he would have parking ingress & egress from Puente Avenue. Planning Director Chivetta stated this is a future plan; that any time a street is modified or altered any access points are arranged for at that time. that If and when this plan is implemented Mr. Wenborne would be granted access as part of the change,or a way would be worked out so that his access and parking would not be impaired. City Attorney Flandrick stated that assuming Puente were to be redesigned and reconstructed as shown on the plan it would not affect existing Puente in the sense that the City only has an easement, it does not have the fee interest in that land; that If the City vacates that easement for public street purposes, all of the property owners who have private easements of ingress and egress can not have this destroyed by the City. He assured Mr. Wenborne that the old Puente Street would remain. Mr. Wenborne stated that he had not understood this; that MR. WENBORNE this Is why he did not know whether he was for or against the plan; that he wondered whether the City considered continuing Puente straight through the drive-in property; that he thought it would double the frontage for the gentleman who owns it and increase the value of his property. Planning Director Chivetta said that this was considered; that the staff had met with the real estate people who are part of the staff and other high executives of Pacific Drive- In Theaters,and they liked the plan as it is; that they can get the maximum development out of the property for an industrial park with the proposed street layout but if the street went straight through they could not. Mr. Mike Valencia stated that he had been told at the last MIKE VALENCIA meeting that he could not be guaranteed frontage on the new street. Mayor McCaron stated that you cannot shut a person off from access to their property. He said he would like to have Attorney Flandrick make a statement as to whether a property owner would have to put in a street If they tried to develop their property with this plan in effect. City Attorney Flandrick replied, No, sir." Continued) 1968 12 04 CC MIN ×P#Ý˜ö 0004000 Regular Meet Ing of the Baldwin Park City Council December 4, 1968 Page 13 Mr. McKnight stated that at the last Planning MR. MCKNIGHT Commission meeting the statement was made that. if this plan goes into effect,the next time a property owner would go into the City to get a permit for any improvements on his property he would have to improve the front of it just like this map. City Attorney Flandrick stated that the City had an Ordinance requiring that if a person obtained a building permit on existing public street frontages, he would have to construct curbs, gutters and side- walks; that these are not public streets and they will not be until such time as they are dedicated by the property owners, which appears unlikely, or condemned by the City; that the existing streets, not withstanding this plan, would require curbs, gutters and sidewalks but nothing else if the owner were to obtain a building permit. Mr. McKnight stated that he objected to this plan 1R. MCKNIGHT because t is ruining his property; that If the City wanted to buy It he would sell it to them; that the property is only good for an equipment yard; that it is M-I, heavy industrial, and cannot be used for houses or anything else. Mr. Wenborne stated that he was supposed to put in curbs MR. WENBORNE and sidewalks; that it would be kind of foolish to put them In if it is going to be a private street. City Attorney Flandrick stated that this Is a future plan which may never come to pass; that it may be in fifteen or twenty five years. Planning Director Chivetta explained to the Council that n the case of Charles Wenborne, as a condition of his conditional Use Permit requirement to open up a cocktail lounge and restaurant at 15308 Ramona Boulevard, it was necessary for him to dedicate and put in all street improvements; street trees, curb, gutters, sidewalks, street paving etc. on Puente and Ramona Boulevard; that he had six months to do this and the time Is running out; that if he does not complete the improvements in six months he will either have to ask for an extentlon or close up. TESTIMONY IN OPPOSITION WAS GIVEN by: TESTIMONY IN OPPOSITION Mr. John K. Andrich, 14202 Los Angeles Street, stated MR. JOHN K. ANDRICH, that he wished to bring to the attention of the Council 14202 LOS ANGELES ST. that they had taken the part of the Pacific Theaters, B. PK. it would appear; that It seemed to him that the City Planning Commission had not been required to look into all of the various things in a proper manner; that he was a general objector to the City not having a careful plan and a careful canvass of all of the property owners; that he thought it was short-sighted to make a 60 foot street; that when an estimate Is being made of the total cost of these projects, some consideration should be made for the purchase of the property if the City insisted upon putting in a plan over the objections of several people. Planning Director Chivetta stated that the staff contacted each and every one of the property owners in this area, who were affected by this street plan, and held an informal meeting with them to determine the pros and cons of the plan; that the outcome of that meeting was this particular plan, as recommended to the commission and which they had recommended to the Council. Continued) 1968 12 04 CC MIN ×P#Ý˜ö0004001 Regular Meeting of the Baldwin Park City Council December 4,; 1968 Page 14 Mr. McKnight stated that this was not correct; that he AIR. MCKNIGHT was at the meeting; that a lot of the people who were there were not satisfied with the situation; that the reverse curve was not even shown on the plan. Planning Director Chivetta stated-,"W;-the st*f'f bed. Y recommended that that, portion ofi,,the,:sstr t. tre del,WterT at Mr. McKnight s objections; that°>*e did not thin* the Council or the staff wanted to impose any undue,,, restrictions on any property owner in the community. As there was no one else in the audlenae-desiring to,_ 1 LIC I4EARai~ speak either in behalf of or i n appagition to SP.-i a,~ DECLARED QOSED Mayor McCaron declared the public h*ari,,nq closed, SR:-1 F) Counci Iman Morehead stated that after giving l of the testimony careful consideration it=was his~opinlon that at the present time there is vory l'i'ttle use for this plan to the City or the property o"ners;° that'he would consider completely rejectingnthe, piar. Councilman Hamilton stated that there is some value n the plain; tK6 i,t','-is early to take faction` on Ilt;"l et he rea I I zed the fee 1 I ngs of the Or erfy owners'; that in his opinion it should be tabled.' Counci Iman Gregory suggested 1ttAt'4he p ten go bac:k``to- the Planning Department or commission for further study and that they do something about the traffic problem on Puents4.- Mayor McCaron stated that this should probably be approached from a different angle; that this could be used as a guide- line for the future and not made an adopted street plan due to the amount of opposition. Councilman Morehead commended the Planning Department on the circulation plan, but'stated that no one is ready to develop now, this plan will serve as a guide. COUNCILMAN MOREHEAD MOVED THAT THE COUNCIL DENY THE MOTION MADE & CARRIED PLANNING COMMISSION'S REC(NMENDATION SP-I1. COUNCIL- COUNCIL DENY PLAN. COM. MAN GREGORY SECONDED. There were no objections, the REC. SP-11 motion carried and was so ordered. 00- It was the time and place fixed for a public hearing PUBLIC HEARING on 68-S-55, a Short Form 1911 Act for sidewalk and SHORT FORM 1911 ACT drive approach on the west side of Landis Avenue between 68-S-55, W SIDE LANDIS Ohio Street and Olive Street. AVE. BET. OHIO ST. & OLIVE ST. S&DA) Proper postings and mailings had been accomplished. POSTINGS, MAILINGS There were no written protests. NO WRITTEN PROTESTS It was the time and place fixed for a public hearing PUBLIC HEARING on 68-S-56, a Short Form 1911 Act for curb and gutter on SHORT FORM 1911 ACT the southeast side of Puente Avenue between Francisquito SE SIDE PUENTE AVE. Avenue and Walnut Creek Parkway. BET. FRANCISQUITO AVE. & WALNUT CR. PKWY. C&G) Proper Postings and mailings had been accomplished. POSTINGS, MAILINGS There were no written protests. NO WRITTEN PROTESTS It was the time and place fixed for a public hearing PUBLIC HEARING on 68-S-57, a Short Form 1911 Act for curb, gutter, side- SNORT FORM 1911 ACT N walk and drive approach on the north side of Valle Vista SIDE VALLE VISTA BET. Avenue between Harlan Avenue and Filhurst Avenue. HARLAN & FILHURST AVE'S. Continued) CGS&DA) 1968 12 04 CC MIN ×P#Ý˜ö C 00A 002 Regular Meeting of the Baldwin Park City Council December 4, 1968 Page 15 Proper postings and mailings had been accomplished. POSTINGS, MAILINGS There were no written protests. NO WRITTEN PROTESTS It was the time and place fixed for a public hearing on PUBLIC HEARING 68-S-58, a Short Form 1911 Act for curb, gutter, side- SHORT FORM 1911 ACT walk and drive approach on the southwest side of La SIN SIDE LA RICA AVE. Rica Avenue between Baldwin Park Boulevard and Maine BET. BALDWIN PK. BLVD. Avenue. & MAINE AVE. CGS&DA) Proper postings and mailings had been accomplished. POSTINGS, MAILINGS City Engineer French read in full one 1) letter of ONE 1) LETTER OF protest in regard to the amount of the assessment from PROTEST HELEN M. Helen M. Joans, 3787 North Maine, Baldwin Park. Copy JOANS, 3787 N. MAINE, of letter in official files). B. PK. City Attorney Fiandrick stated that the Chief Admin- C.A.0. REQ. CASE NO. istrative Officer had requested that this Case No. 68-S-58 68-S58 BE HELD OVER be held over until the December 18, 1968 Council meeting. DEC. 18, 1968 MTG. As there was no objection, Mayor McCaron stated that Case CASE NO. 68-S-58 No. 68-S-58 would be held over until the December 18, 1968 HELD OVER 12/18/68 Council meeting. COUNCIL MTG. As there was no one in the audience desiring to speak PUBLIC HEARING either in behalf of or in opposition to Resolution No. DECLARED CLOSED 68-248, Mayor McCaron declared the public hearing closed. RESOLUTION NO. 68-248 ORDERING THE RES. NO. 68-248 CONSTRUCTION OF CERTAIN IMPROVEMENTS ORDERING CONSTRUCTION PURSUANT TO SECTION 5870, ET SEQ., OF OF CERTAIN IMPROVEMENTS THE STREETS AND HIGHWAYS CODE. PURSUANT TO SECT. 5870, ET SEQ., OF THE STS. & HIGHWAYS CODE. City Engineer French stated that item 4) in Section I ITEM 4) SECT. I a) a) should be deleted and in Section 1 c) the word no" BE DELETED; SECT. I c) should be inserted. WORD NO" INSERTED COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 68-248 RES. NO. 68-248 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCIL- ADOPTED MAN HAMILTON SECONDED. There were no objections, the motion carried and was so ordered. 00- ORDINANCE NO. 537 AMENDING CERTAIN OF ORD. NO. 537 THE ZONING REGULATIONS OF SAID CITY AMEND. CERTAIN OF ZONING CASE NO. AZC-39) REGULATIONS OF SAID CITY CASE NO. AZC 39) COUNCILMAN GREGORY MOVED THAT FURTHER READING OF FURTHER READING OF ORDINANCE NO. 537 BE WAIVED. COUNCILMAN ADAIR SECONDED. ORD. NO. 537 WAIVED There were no objections, the motion carried and was so ordered. COUNCILMAN GREGORY MOVED THAT ORDINANCE NO. 537 BE ADOPTED. ORD. NO. 537 COUNCILMAN ADAIR SECONDED. There were no objections, the ADOPTED motion carried and was so ordered. 00- 1968 12 04 CC MIN ×P#Ý˜ö0004003 Regular Meeting of the Baldwin Park City Council December 4, 1968 Page 16 City Attorney Flandrick stated that Chief Administrative C.A.0. REQ. COUNCIL Officer Nordby had requested that the Council consider CONSIDER ADJ. MTG. adjourning the meeting to 4:00 p.m. on Wednesday, December TO DEC. 11, 1968, AT lith, 1968, to consider the financing of the Civic Center 4:00 P.M. TO CONSIDER development and that Items 2 and 3 under Chief Adminis- CIVIC CENTER FINANCING trative Officer In regard to Business Licenses be held over. ITEMS 2 do 3 UNDER C.A.0---' HELD OVER 00- AT 9:50 P.M. COUNCILMAN GREGORY MOVED THAT THE CITY ADJ. AT 9:50 P.M. COUNCIL ADJOURN TO WEDNESDAY, DECEMBER 11, 1968 AT 4:00 TO WED. DEC. 11, 1968, P.M. IN THE COUNCIL CHAMBER OF THE CITY HALL. COUNCIL- AT 4:00 P.M. MAN MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered. 00- THELMA L. BALKUS, CITY CLERK APPROVED: December 18 1968. Date of Distribution to City Council December 13 1968. Date of Distribution to Departments December 16 1968. 1968 12 04 CC MIN ×P#Ý˜öREGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL DECEMBER 4, 1968 CITY HALL COUNCIL CHAMBER) 14403 East Pacific Avenue 7:30 P.M. The City Council of the City of Baldwin Park met in regular session at the above place at 7:30 p.m. City Engineer French led the salute to the flag. FLAG SALUTE Roll Call: Present: COUNCILMEN ADAIR, GREGORY, ROLL CALL HAMILTON, MOREHEAD AND MAYOR MCCARON Absent: CHIEF ADMINISTRATIVE OFFICER NORDBY, CHIEF OF POLICE ADAMS, AND CITY CLERK BALKUS Also Present: CITY ATTORNEY FLANDRICK, CITY ENGINEER FRENCH, PLANNING DIRECTOR CHIVETTA, CAPTAIN O'LEARY, CITY TREASURER CODLING AND DEPUTY CITY CLERK CORYELL 00- CONTINUATION OF PUBLIC HEARINGS CONTINUATION OF P.H. I. 68-S-58, Southwest side of La Rica Avenue between CONT'D TO DEC. 18, 1968 Baldwin Park Boulevard and Maine Avenue CGS&DA) 00- AT 9:50 P.M. COUNCILMAN GREGORY MOVED THAT THE CITY COUNCIL ADJ. AT 9:50 P.M. ADJOURN TO WEDNESDAY, DECEMBER II, 1968 AT 4:00 P.M. IN THE TO WED. DEC. II, 1968, COUNCIL CHAMBERS OF THE CITY HALL. COUNCILMAN MOREHEAD AT 4:00 P.M. SECONDED. There were no objections, the motion carried and was so ordered by Mayor McCaron. 00- HI ELMA L. BALKUS, C Y LEMK-- BY HELEN CORYELL, putt' City Clerk DATED: December 5, 1968 TIME: 11:30 A.M. 1968 12 04 CC MIN ×P#Ý˜ö REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL DECEMBER 4, 1968 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. City Engineer French led the salute to the flag. FLAG SALUTE Roll Call: Present: COUNCILMEN ADAIR, GREGORY, ROLL CALL HAMILTON, MOREHEAD AND MAYOR MCCARON Absent: CHIEF ADMINISTRATIVE OFFICER NORDBY, CHIEF OF POLICE ADAMS, AND CITY CLERK BALKUS Also Present: CITY ATTORNEY FLANDRICK, CITY ENGINEER FRENCH, PLANNING DIRECTOR CHIVETTA, CAPTAIN O'LEARY, CITY TREASURER CODLING AND DEPUTY CITY CLERK CO RYE L l_ 00- AT 9:50 P.M. COUNCILMAN GREGORY MOVED THAT THE CITY COUNCIL ADJ. AT 9:50 P.M. ADJOURN TO WEDNESDAY, DECEMBER II, 1968 AT 4:00 P.M. IN THE TO WED. DEC. II, 1968, COUNCIL CHAMBER OF THE CITY HALL. COUNCILMAN MOREHEAD AT 4:00 P.M. SECONDED. There were no objections, the motion carried and was so ordered by Mayor McCaron. O0- EL-IT MBALKUS, CITY CLERK DATED: December 5, 1968 TIME: 11:15 A.M. HELEN CORYELL, Y TY CLERK