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HomeMy WebLinkAbout1969 01 02 CC MIN1969 01 02 CC MIN ×P#Ƙö I NDEX JANUARY 2, 1969 MINUTES PAGE City Treasurer Excused I Minutes 12/18/68 Approved 1 Res. 69-7 Claims & Demands Adopted I Fireworks Meeting Report I Report re Employees' Retirement System Study 2 Report re On SIte Fire Hydrant C. W. Galloway Co. 2 Eileen J. Plonowski's Probationary Period Extended 2 Weldon Turner Leave W/O Pay 1/8/69 Thru 2/10/69 Granted 2 Res. 69-6 68-S-1, 2, 3 & 4) Adopted 3 Res. 69-5 68-N-74 & 75) Adopted 3 Auth. bids for sewer constr.(Dalewood W of B. Pk. Blvd.) 3 Res. 69-8 AuthsSale of City Prop.. VFW) Adopted 3 Recess at 7:45 P.M. 15 Min. 3 Mtg. reconvened 8:00 P.M. Roll Call 4 Oath 4 68-N-66 4 Testimony John Barry 4 Res. 68-260 68-N-66) 30 days" Adopted 5 68-A-14 5 Testimony D. L. Cornelison 5 Res. 68-256 68-A-14) Adopted 5 Res. 69-I 68-S-60, 61, 62 & 63) Adopted 6 Res. 69-2 68-1-68) Adopted 7 68-N-69 7 Testimony Mr. Frederick Coyle 7 Res. 69-3 68-N-69) Adopted 7 Res. 69-4 68-N-71) 30 davs" Adopted 8 Z-310 Part B & C) 8 Testimony in favor Mr. Hub Bloxham 8 Testimony in opposition Mr. James Myrick 9 Testimony in opposition Miss Shelia Nixon 9 Testimony in opposition Mr. Joseph A. Mueller 9 Testimony in opposition Mrs. Newton Seay 9 Z-310 Testimony in opposition Mr. A. V. Stockton 10 Testimony n opposition Mrs. Alberta Murray 10 Testimony in opposition Mr. Fred Starr 10 Testimony in opposition Bertha Starr 10 Testimony in opposition Mr. Otto M. Bagi 10 Z-310 Council concur W/PC68-28 Chg. Zone A-1 to R-1 n Subj. area Res. next Mtg. 11 Z-310 Council Disapprove PC68-29 Part C M-I Overlay) 11 ZV-203 Denning II I Testimony n favor Mr. Larry Bev(ngton 11 Testimony Mrs. Dorothy M. Denning 13 ZV-203 Approved Res. Next Mtg. 14 ZV-205 Wheeler 14 Testimony in favor Mr. Paul Wheeler 15 Testimony n opposition Mr. Henry Last 15 Testimony in opposition Mr. David Kosecoff 15 Testimony n opposition Mr. Sam Pollock 15 Testimony in opposition Mr. Nicholas Stark 15 Council concur W/PC68-24 Overrule the appeal ZV-205 16 Mtg. Adjourn- 10:50 P.M. 16 1969 01 02 CC MIN ×P#Ƙö 604024 REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL JANUARY 2, 1969 CITY HALL COUNCIL CHAMBER) 14403 East Pacific 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. Councilman Morehead led the salute to the flag. FLAG SALUTE Roll Call: Present: COUNCILMEN ADAIR, GREGORY, ROLL CALL HAMILTON, MOREHEAD AND MAYOR MCCARON Absent: CITY TREASURER CODLING Also Present: CHIEF ADMINISTRATIVE OFFICER NORDBY, CITY ATTORNEY FLANDRICK, CITY ENGINEER FRENCH, PLANNING DIRECTOR CHIVETTA, FINANCE DIRECTOR DUNCAN, CHIEF OF POLICE ADAMS AND CITY CLERK BA LKUS 00- COUNCILMAN MOREHEAD MOVED THAT CITY TREASURER CODLING BE CITY TREASURER EXCUSED. COUNCILMAN ADAIR SECONDED. There were no EXCUSED objections, the motion carried and was so ordered. 00- COUNCILMAN GREGORY, MOVED THAT THE MINUTES OF DECEMBER MINUTES OF DEC. 11, 1968 11, 1968 AND THE MINUTES OF DECEMBER 18, 1968 BE APPROVED AND DEC. 18, 1968 AND THAT FURTHER READING BE WAIVED. COUNCILMAN MOREHEAD APPROVED SECONDED. There were no objections, the motion carried and was so ordered. 00- As there were no objections, the payment of bills was considered at this time. RESOLUTION NO. 69-7 ALLOWING CLAIMS RES. NO. 69-7 ALLOWING AND DEMANDS AGAINST THE CITY OF CLAIMS & DEMANDS AGAINST BALDWIN PARK. CITY OF B. PK. PAYROLL PERIOD 12/1/68 THROUGH 12/15/68 GEN. CLAIMS & DEMANDS NOS. 2619 THROUGH 2696 COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 69-7 BE RES. NO. 69-7 ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN ADOPTED ADAIR SECONDED. Roll Call. There were no objections, the motion carried and was so ordered. 00- Councilman Morehead, as Chairman of the Fireworks Committee, COUNCILMAN MOREHEAD presented the minutes of the meeting on fireworks held on RE FIREWORKS MTG. December 4, 1968 for Council's consideration. He stated that he and Mr. Adair would furnish the Council with some recommendations at the next Council meeting. 00- 1969 01 02 CC MIN ×P#Ƙö0004025 January 2, 1969 Regular Meeting of the Baldwin Park City Council Page 2 C.A.0. REPORT RE Chief Administrative Officer Nordby reviewed his report EMPLOYEES' RETIREMENT on Employees' Retirement Benefits. He stated that he SYSTEM: REC. EMPLOY had received a communication from the Employees' FIRM TO MAKE STUDY & Association requesting that a study be made of the REPORT TO COUNCIL Public Employees' Retirement System and Social Security; that the intention here is to consider the merits of dropping Social Security and to invest the funds that are now allocated for that purpose in updating the Public Employees' Retirement System. He recommended that an actuarial study be made by a consulting firm in this and employ field and a report be made: to the Council th0m to make the study with certain time limits. As there were no objections from the Council, Mayor McCaron ordered that the study be made. 00- C.A.0. REPORT RE Chief Administrative Officer Nordby reviewed his report ON SITE FIRE HYDRANT regarding waiver of an on site fire hydrant for the G. W, C. W. GALLOWAY CO. Galloway Company. He recommended that they be permitted to proceed with the construction of the one building and that they be required to provide an access gate, for the fire department, in the wall at the northerly end of La Sena. MOTION MADE & CARRIED COUNCILMAN GREGORY MOVED T14AT THE COUNCIL ACCEPT AND COUNCIL ACCEPT & APPROVE APPROVE THE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER REPORT OF C.A.0. AS AND THAT A GATE BE PROVIDED FOR FIRE ACCESS ONLY. COUNCIL- PRESENTED MAN MOREHEAD SECONDED. There were no objections, the moti©n carried and was so ordered. 00- MOTION MADE & CARRIED COUNCILMAN ADAIR MOVED, IN ACCORDANCE WITH THE CHIEF EILEEN J. PLONOWSKI'S ADMINISTRATIVE OFFICER'S RECOMMENDATION, THAT EILEEN J. PROBATIONARY PERIOD BE PLONOWSKI'S PROBATIONARY PERIOD BE EXTENDED FOR A PERIOD EXTENDED FOR A PERIOD NOT TO EXCEED SIX MONTHS. COUNCILMAN MOREHEAD SECONDED. NOT TO EXCEED SIX MONTHS There were no objections, the motion carried and was so ordered. IN ACCORDANCE WITH THE C.A.O.'S RECOMMENDATION 00- MOTION MADE & CARRIED COUNCILMAN ADAIR MOVED, IN ACCORDANCE WITH THE CHIEF WELDON TURNER BE GRANTED ADMINISTRATIVE OFFICER'S RECMENDATION, THAT WELDON LEAVE WITHOUT PAY FROM TURNER BE GRANTED LEAVE WITHOUT PAY FROM JANUARY 8, 1969 1/8/69 THRU 2/10/69 THROUGH FEBRUARY 10, 1969. COUNCILMAN MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered. 00- 1 INITIATION OF SHORT FORM City Engineer French reviewed his report on the Initiation 1911 ACTS; 69-S-I, SW of Short Form 1911 Acts; 69-S-1 for sidewalk on the south- SIDE MAC DEVITT ST. BET, west side of Mac Devitt Street between Feather Avenue and FEATHER AVE. & PADDY Paddy Lane; 69.5-2 for curb, gutter and sidewalk on the LANE S) southwest side of Merced Avenue between Maine Avenue and Vineland Avenue; 69-S-3 for sidewalk on the south side of 69-6-2, SW SIDE MERCED Los Angeles Street between Maine Avenue and Maupin Avenue; BET. MAINE AVE. & 69-S-4 for curb and gutter on the southeast side of Garvey VINELAND AVE, CGS) Avenue between Merced Avenue and Vineland Avenue. 69-S-3, S SIDE LOS ANGELES ST. BET. MAINE AVE. & MAUPI N AVE. S) 69-S-4, SE SIDE GARVEY AVE, BET. MERCED AVE. & VINELAND AVE. CG) r rnn + t A r.... + 1 A 1 1969 01 02 CC MIN ×P#Ƙö 0604026 Regular Meeting of the Baldwin Park City Council January 2, 1969 Page 3 RESOLUTION NO. 69-6 DECLARING ITS RES. NO. 69--6 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. FEB. 5, 1969 THE STATE OF CALIFORNIA COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 69-6 BE RES. NO. 69-6 ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN ADOPTED MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered. 00- City Engineer French reviewed his report on the initiation INITIATION OF P.N. of Public Nuisance Nos. 68-N-74, 4071 Center Street and CASE NOS. 68-N-74 68-N-75, 12822 Duthie Street. AND 68-N-75 RESOLUTION NO. 69-5 SETTING A TIME RES. NO. 69-5 AND PLACE FOR A HEARING TO DETERMINE SETTING HEARING TO WHETHER CERTAIN BUILDINGS AND STRUCTURES DETERMINE WHETHER P.N. CONSTITUTE PUBLIC NUISANCES. P.H. FEB. 5, 1969 COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 69-5 BE RES. NO. 69-5 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 requested permission to bring an CITY ENGR. REQ. item on the agenda. He stated that the Engineering PERMISSION TO OBTAIN Department had prepared plans and specifications for SEALED BIDS PROVIDING sewer service on Dalewood, west of Baldwin Park Boulevard, CONSTR. SEWER ON and he requested that the City Council grant permission to DALEWOOD W OF B. PK. BLVD. obtain sealed bids for providing this construction. COUNCILMAN MOREHEAD MOVED THAT THE COUNCIL CONCUR WITH THE MOTION MADE & CARRIED RECOMMENDATION OF THE CITY ENGINEER AND GRANT PERMISSION COUNCIL CONCUR WITH REC. TO OBTAIN SEALED BIDS FOR PROVIDING SEWER CONSTRUCTION ON CITY ENGR. & GRANT PER- DALEWOOD WEST OF BALDWIN PARK BOULEVARD. COUNCILMAN ADAIR MISSION TO OBTAIN SEALED SECONDED, There were no objections, the motion carried BIDS PROVIDE SEWER CONSTR. and was so ordered. DALEWOOD W OF B. PK. BLVD. 00- City Attorney Flandrick presented and requested approval CITY ATTY. REQ. APPROVAL of Resolution 69-8 formally authorizing sale of surplus RES. 69-8 FORMALLY AUTH. City-owned property. V.F.W. for the sum of $3,333.33) SALE OF SURPLUS CITY- OWNED PROPERTY V.F.W. FOR $3,333.33) RESOLUTION NO. 69-8 AUTHORIZING THE RES. NO. 69-8 RUTH. SALE OF CERTAIN CITY-OWNED REAL PROPERTY SALE CERTAIN CITY-OWNED REAL PROPERTY COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 69-8 BE RES. NO. 69-8 ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN ADOPTED GREGORY SECONDED. Roll Call. There were no objections, the motion carried and was so ordered. 00- At 7:45 p.m., Mayor McCaron declared a fifteen minute 7:45 P.M, 15 MIN RECESS recess. 00- 1969 01 02 CC MIN ×P#Ƙö0004027 Regular Meeting of the Baldwin Park City Council January 2, 1969 Page 4 At 8:00 p.m. the City Council reconvened in regular 8:00 P.M. COUNCIL session. RECONVENED Roll Call: Present: COUNCILMEN ADAIR, GREGORY, ROLL CALL HAMILTON, MOREHEAD AND MAYOR MCCARON Absent: CITY TREASURER CODLING, FINANCE DIRECTOR DUNCAN AND CHIEF OF POLICE ADAMS Present: CHIEF ADMINISTRATIVE OFFICER NORDBY, CITY ATTORNEY FLANDR1CK, CITY ENGINEER FRENCH, PLANNING DIRECTOR CHIVETTA, AND CITY CLERK BALKUS 00- City Clerk Balkus administered the oath to those In the OATH ADMINISTERED audience desiring to be heard during the meeting. 00- PUBLIC HEARINGS PUBLIC HEARINGS 8:00 P.M. It was the time and place fixed for a continuation of 68-N-66 a public hearing on 68-N-66, to determine whether certain 14316 E. MERGED AVE. premises and buildings and structures constitute a public nuisance at 14316 East Merced Avenue. i' Proper postings and mailings had been accomplished. POSTINGS, MAILINGS There were no written protests. NO W ITTEN PROTESTS City Engineer French stated that this case was continued CITY ENGR. RESUME from the December 18, 1968 meeting. He presented photo- graphs taken on Oct. 18, Dec. 18 and Jan. 2nd. He stated that the property owner had cleaned up almost all of the items that had constituted the public nuisance and only minor yard cleanup was left; that a request had been made by a representative of the property owner for thirty days to finish the cleanup; that he felt this was reasonable. TESTIMONY WAS GIVEN by: TESTIMONY John Barry, 735 West Duarte Road, Arcadia, stated that he JOHN BARRY represented the owner of the property, Hazel Van Lone; 735 W, DUARTE RD. that the reason the property was not cleaned up prior to ARCADIA this time was that the property had been sold; that fore- closure was taking place now and that the amount of work that can be done during the foreclosure period is some- what limited. He requested a thirty day extention to complete cleanup. As there was no one else in the audience desiring to PUBLIC HEARING speak either in behalf of or in opposition to 68-N-66, DECLARED CLOSED Mayor McCaron declared the public hearing closed. 68-N-66) RESOLUTION NO. 68-260 FINDING AND RES. NO. 68-260 DETERMINING THE EXISTENCE OF A PUBLIC ORDERING ABATEMENT NUISANCE AND ORDERING THE SAME ABATED 68-N-66) 68-N-66) City Engineer French stated that In Section 2 of Resolution 30 DAYS TO ABATE No. 68-2,60 a time limit of 30 days" should be inserted. Continued) 1969 01 02 CC MIN ×P#Ƙö 0004028 Regular Meeting of the Baldwin Park City Council January 2, 1969 Page 5 COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 68-260 BE RES. NO. 68-260 ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN ADOPTED HAMILTON SECONDED. There were no objections, the motion carried and was so ordered. 00- It was the time and place fixed for continuation of a PUBLIC HEARING public hearing on 68-A-14, to determine whether certain vehicles constitute a public nuisance at 3376 Frazier Street. 68~A-14, 3376 FRAZIER ST. Proper postings and mailings had been accomplished. POSTINGS, MAILINGS There were no written protests. NO VIRITTEN PROTESTS City Engineer French stated that this case was continued CITY ENGR. RESUME from December 18, 1968 because two notifications came back unclaimed. He gave a report on the vehicles stored on this property: Ford Station Wagon Lic. #FPK 467, GMC Pickup Lic. #682678 and a Ford 2 door sedan Lic. #JCG 621. He stated that these particular stored vehicles were inoperative and that the owner had been contacted. TESTIMONY WAS GIVEN by: TESTIMONY Mr, D. L. Cornelison, 3376 Frazier Street, stated that he MR. D. L. CORNELISON owned and paid taxes on these cars and they were not a 3376 FRAZIER ST. detriment to anyone; that they were hidden by boxes except for one end of one vehicle. Mayor McCaron inquired if Mr. Cornelison had been told what he should be doing with the vehicles. Mr. Cornelison stated he had not. Mayor McCaron stated that it had been set up so that Mr. Cornelison could place these cars In storage on his property behind a view obscuring fence but not out in the open; that these cars were inoperative; that If it was a machine he was using every day it would be a dif- ferent story. Mr. Cornelison stated that they were operative. MR. CORNELISON Mayor McCaron further explained that every attempt is being made to clean up properties throughout the City and when complaints are received or a violation is observed the City takes action to encourage cleanup. As there was no one else in the audience desiring to speak PUBLIC HEARING either in behalf of or in opposition to 68-A-14, Mayor DECLARED CLOSED McCaron declared the public hearing closed. 68-A-14) RESOLUTION NO. 68-256 FINDING AND RES. NO. 68-256 DETERMINING THE EXISTENCE OF A PUBLIC ORDERING ABATEMENT NUISANCE AND ORDERING THE SAME ABATED. 68-A-14) City Engineer French stated that in Section 2 of Resolution 30 DAYS TO ABATE No. 68-256 a time limit of 30 days" should be inserted. COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 68-256 BE RES. NO. 68-256 ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN ADOPTED MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered. 00- 1969 01 02 CC MIN ×P#Ƙö0004029 January 2, 1969 Regular Meeting of the Baldwin Park City Council Page 6 PUBLIC HEARINGS It was the time and place fixed for a public hearing SHORT FORM 1911 ACT on 68-5-60, a Short Form 1911 Act for curb and gutter 68.5-60, NW SIDE STICHMAN on the northwest side of Stichman Avenue between Pacific AVE. BET. PACIFIC AVE. Avenue and Central Avenue. & CENTRAL AVE. 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 on SHORT FORM 1911 ACT 68-S-61, a Short Form 1911 Act for curb and gutter on 68-5-61, NW SIDE FRAZIER the northwest side of Frazier Street between Francisquito ST. BET. FRANCISQUITO Avenue and Emery Avenue. AVE. & EMERY AVE. C&G) Proper postings and mailings had been accomplished. POSTINGS, MAILINGS There were no written protests. NO WITTEN PROTESTS It was the time and place fixed for a public hearing SHORT FORM 1911 ACT on 68-S-62, a Short Form 1911 Act for curb and,gutter 68-5-62, E SIDE LA RICA on the east side of La Rica Avenue between Ramona AVE. BET. RAMONA BLVD. Boulevard and Clark Street. & CLARK ST. 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 SHORT FORM 1911 ACT on 68-S-63, a Short Form 1911 Act for curb and gutter 68-8-63, SE SIDE FRAZIER on the southeast side of Frazier Street between Fa)rgrove ST..BET. FAIRGROVE ST.& Street and Garvey Avenue. GARVEY AVE. C&G) As there was no one in the audience desiring to speak PUBLIC HEARING either in behalf of or In opposition to 685-60, 68-5-61, DECLARED CLOSED 68-S-62 and 68-S-63, Mayor McCaron declared the public 68-5-60, 61, 62 & 63) hearing closed. RESOLUTION NO. 69-1 ORDERING THE RES. NO. 69-1 CONSTRUCTION OF CERTAIN IMPROVEMENTS ORDERING CONSTR. PURSUANT TO SECTION 5870, ET. SEQ., OF THE STREETS AND HIGHWAYS CODE City Engineer French stated that n Section I c) the SECT. I c) MRD work no" should be inserted. NO" INSERTED COUNCILMAN GROGORY MOVED THAT RESOLUTION NO. 69-1 BE RES. NO. 69-1 ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN ADOPTED MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered. 0O- It was the time and place fixed for a public hearing on PUBLIC HEARING 68-N-68, to determine whether certain premises, and buildings and structures constitute,a public nuisance 68-N-68 at 14610 Central Avenue. 14610 CENTRAL AVE. Proper postings and mailings had been accomplished. POSTINGS, MAILINGS There were no written protests. NO WRITTEN PROTESTS City Engineer French presented photographs taken on CITY ENGR. RESUME October 28, 1968 and January 2, 1969. He stated that the Engineering Department had been in telephone contact with the Public Administrator's office and they have indicated that they are now n possession of the property and are in litigation with the fire insurance company to rehabilitate the burned-out building. Thirty days had been requested for yard cleanup and ninety days for rehabilitation. Continued) 1969 01 02 CC MIN ×P#Ƙö X004030 Regular Meeting of the Baldwin Park City Council January 2, 1969 Page 7 As there was no one in the audience desiring to speak PUBLIC HEARING either in behalf of or in opposition to 68-N-68, Mayor DECLARED CLOSED McCaron declared the public hearing closed. 68-N-68) RESOLUTION NO. 69-2 FINDING AND RES. NO. 69-2 DETERMINING THE EXISTENCE OF A ORDERING ABATEMENT PUBLIC NUISANCE AND ORDERING THE 68-N-68) SAME ABATED. City Engineer French stated that in Section 2 of 30 DAYS TO ABATE be inserted. COUNCILMAN ADAIR MOVED THAT RESOLUTION NO. 69-2 BE RES. NO. 69-2 ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN ADOPTED 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 PUBLIC HEARING 68-N-69, to determine whether certain premises, and buildings and structures constitute a public nuisance 68-N-69 at 13900 Ramona Boulevard. 13900 RAMONA BLVD. Proper postings and mailings had been accomplished. POSTINGS, MAILINGS There were no written protests. NO WRITTEN PROTESTS City Engineer French stated that on December 23, 1968 CITY ENGR. RESUME Mr. Frederick Coyle contacted the Engineering Department and was advised that demolition permits would expire on December 24, 1968 and that he should appear at the public hearing on January 2, 1969. TESTIMONY WAS GIVEN by: TESTIMONY Mr. Frederick Coyle, 117 Chandler, Wilmington, stated MR. FREDERICK COYLE he represented one-half ownership of the property at 117 CHANDLER, 13900 Ramona Boulevard; that he was in complete accord WILMINGTON with the Councils actions; that due to an out-of-state owner on this property and financial reasons he was request- ing an extention of ninety days. City Engineer French stated that if the grounds were cleaned up and the buildings secured that he felt an extention of-ninety days for the demolition would be in order. As there was no one else n the audience desiring to speak PUBLIC HEARING either in behalf of or in opposition to 68-N-69, Mayor DECLARED CLOSED McCaron declared the public hearing closed. 68-N-69) RESOLUTION NO. 69-3 FINDING AND RES. NO. 69-3 DETERMINING THE EXISTENCE OF A ORDERING ABATEMENT PUBLIC NUISANCE AND ORDERING THE SAME ABATED. City Engineer French stated that in Section 2 of Resolution 90 DAYS TO ABATE No. 69-3 a time limit of 90 days" should be inserted. COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 69-3 BE RES. NO. 69-3 ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN ADOPTED ADAIR SECONDED. There were no objections, the motion carried and was so ordered. 00- 1969 01 02 CC MIN ×P#Æ ˜ö6004031 Regular Meeting of the Baldwin Park City Council January 2, 1,969 Page 8 It was the time and place fixed for a public hearing PUBLIC HEARING on 68-N-71, to determine whether certain premises, and buildings and structures constitute a public nuisance 68-('i-71 at 15135 East Olive Street. 15135 E. OLIVE ST. Proper postings and mailings had been accomplished. POSTINGS, MAILINGS There were no written protests. NO WRITTEN PROTESTS City Engineer French presented photographs taken on CITY ENGR. RESLFAE / October 28, 1968 and January 2, 1969. As there was no one in the audience desiring to speak PUBLIC HEARING either In behalf of or in opposition to 68-N-71, Mayor DECLARED CLOSED McCaron declared the public hearing closed. 68-N-71) RESOLUTION NO. 69-4 FINDING AND RES. NO. 69-4 DETERMINING THE EXISTENCE OF A ORDERING ABATEMENT PUBLIC NUISANCE AND ORDERING THE SAME ABATED. City Engineer French stated that 1n Section 2 of 30 DAYS TO ABATE Resolution No. 69-4 a time limit of 30 days" should be inserted. In answer to Mayor McCaron's question he explained the shed in back was to be demolished and the garage and residence secured. COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 69-4 BE RES. NO. 69-4 ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN ADOPTED MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered. 00- PUSLIC HEAR 1NG It was the time and place fixed for a public hearing Z-310 PART B & C) on Z-310 Part B & C), an intent of the Baldwin Park ZONE CHG. A-1 & R-1 TO Planning Commission to Initiate a Zone Change from M-1. PROPERTIES LOCATED Zones A-1 light agricultural) and R-1 single family BET. AZUSA CANYON RD. residential), to Zone M-1 light manufacturing) or a ON E; SLEEKER ST. ON W; more restrictive zone. Properties bounded on the N by NUBIA ST. ON S; & ARROW the side property lines of those M-I zoned properties HW7. ON N. fronting on Lante, Calmview, Gayhurst, Elton, Heintz, and Bleecker, and on the W by the rear property lines of the properties fronting on the westerly side of Bleecker, on the S by the center line of Nubia Street, and on the east by the westerly rear property lime of those properties fronting on La Sena. Proper postings and mailings had been accomplished. POSTINGS, MAILINGS There were no written protests. NO WRITTEN PROTESTS Planning Director Chivetta gave his report stating that PLAN. DIR. REPORT the Planning Commission recommended Part B and C by their Resolution Nos. PC68-28 and PC68-29; that the staff recommended that the Council concur with their recommendation and take the necessary steps to draft an ordinance to amend the zoning map. TESTIMONY IN FAVOR WAS GIVEN by: TESTIMONY IN FAVOR Mr. Hub Bloxham, 4623 North Maine, stated that he had MR. HUB BLOXHAM turned in forty or forty-five property owner's signatures 4623 N. MAINE in favor of this particular zoning. He felt it was an excellent program with the buffer zone they had proposed along Nubia; that this was a good way to get industry and to clean up a lot of shacks in the north end of Baldwin Park; that he was very much in favor or the proposed zoning. 1969 01 02 CC MIN ×P#Æ ˜ö 0004032 Regular Meeting of the Baldwin Park City Council January 2, 1969 Page 9 TESTIMONY IN OPPOSITION WAS GIVEN by: TESTIMONY IN OPPOSITION Mr. James Myrick, 5021 Heintz Street, stated that he MR. JAMES MYRICK wished to know if the Council was going to be impartial 5021 HEINTZ ST. In their decision and if any Council member owned property in the area. Mayor McCaron, after inquiring of the Council, said he did not believe anyone on the Council owned any property in that area or had any options. five months ago he and his neighbors had asked for approx- imately 500 feet of buffer zone from the school in either direction; that they were not against M-I but did not think a business should be. allowed to move within a certain area of a school; that twenty-three property owners bordering the school area had signed a petition which had been ignored; that this proposed plan would cost him money out of his pocket as he couldn't get his money back out of his place If he were to sell as his home was within 300 feet of the area. Miss Sheila Nixon, 14827 East Nubia, representing her SHEILA NIXON parents, Mr. and Mrs. Amos Nixon, 8192 Golf Link Road, 14827 E. NUBIA Helmar, asked exactly what was being voted on. Mayor REP. MR. & MRS. AMOS McCaron explained the two separate actions as follows: NIXON, 8192 GOLF LINK Part C, A-1 to R-I with M-1 overlay; Part 8, properties RD., HELMAR on Nubia A-i to R-I to act as a buffer zone. Miss Nixon asked why everything was not included in the notice that was sent out to the property owners. Planning Director Chivetta explained that the notice was just to notify the Intent and does not go into detail. Miss Nixon stated that her parents planned that their property would be in- come property; that if this change goes into effect they will not be able to get full value if they sell as resi- dential homes; that they would have to move houses or do something so that they would have enough property to put back together to sell for manufacturing and It couldn't be used for residential. Mr. Joseph A. Mueller, 5008 Heintz Street, stated that he MR. JOSEPH A. MUELLER had installed a pool and had approximately 523,000 invested 5008 HEINTZ ST. in his property; that he would lose $10,000 or more if the M-1 goes into effect; that his tot is only 55' x 140' and is built up to its maximum use and therefore he opposed any M-I in the area. Mrs. Newton Seay, 5007 Heintz Street, read in full a MRS. NEWTON SEAY petition signed by thirty-six property owners requesting 5007 HEINTZ ST. that they remain as R-I and A-1 rather than being changed to M-1 zoning as M-1 zoning would be detrimental to the area surrounding the school because of increased traffic hazards. Copy of petition in official files.) Mrs. Seay stated that she felt the M-1 Overlay zoning was a type of spot zoning; that she Is satisfied living where she is now but would not be satisfied if a factory were put in two doors up the street. In answer to Mrs. Seay's question, Mr. Chivetta explained PLAN. DIR. RE BUFFER that properties fronting on Nubia would act as a buffer ZONE zone. Continued) 1969 01 02 CC MIN ×P#Æ ˜ö0004033 Regular Meeting of the Baldwin Park City Council January 2, 1969 Page 10 Mr. A. V. Stockton, 5042 Elton, stated that he was TESTIMONY IN OPPOSITION against having his property changed from A-1 to R-I CONTID. as he felt his taxes would go up; that he would MR. A. V. STOCKTON rather wait until all property goes to M-I. 5042 ELTON Mrs. Alberta Murray, 5047 North Heintz, stated that MRS. ALBERTA MURRAY she and her husband have an acre; that this Is their 5047 N. HEINTZ home and they want to stay there; that they hate to be forced out by M-I. Mr. Fred Starr, 5014 Heintz Street, stated that he MR. FRED STARR would rather have his property remain A-I because of 5014 HEINTZ ST. a tax increase. Bertha Moore, 5013 Heintz Street, stated that she lived BERTHA MOORE across the street from the school; that her property 5013 HEINTZ ST. Is A-1; that this has been their home since 1957 and they have quite a bit of money invested in it; that she is opposed to a change. In answer to Mayor McCaron's question, Planning Director PLAN. DIR. RE P.N., Chivetta stated that, under Nuisance Abatement, property TAX RATE & THE RATES OF can be cleaned up regardless of the zoning. He also PROPERTY OWNERS FOR 6 stated that there would be a reassessment, possibly in AGAINST THE CHANGE the very near future, by Mr. Watson; that this would reflect a change In taxes that would not be due to this change in zoning; that there Is very little difference in the tax rate between A-1 and R-1. Concerning petitions received, Mr. Chivetta called attention to the wall map explaining that the area in red, or In favor of the rezoning by petition, numbered 36; the area in blue, or in opposition to the rezoning by petition, numbered 23; that the areas in white, represented 26 absentee owners and 31 undecided, making a total of 116 property owners. He further explained that the M-1 overlay would not change the zoning at the present time but only at such time as properties develop and then by Council action on an ordinance. The developed area would become M-1; that the proposed change now would make all A-I properties in the entire area R-1. Mr. Otto M. Bagi, 5024 Heintz Street, stated that he under- MR. OTTO M. BAGI stood if this goes to a commercialized zone,improving prop- 5024 HEINTZ ST. erty would be limited; that If factories are built around homes it would be dangerous for children going to school; that his boy attended Pleasant View; that if this did go through he could not make much money on his property because of its small size; that he would rather live there then sell hIs home. Councilman Morehead asked what the advantage was to the property owners now zoned A-1 to be zoned R-I. Planning Director Chivetta stated that the property.owners could develop the property in accordance with the R-1 standards without the necessity of a variance which would be required on A-I property. As there was no one else In the audience desiring to PUBLIC HEARING speak either in behalf of or in opposition to Z-310, Mayor DECLARED CLOSED McCaron declared the public hearing closed. Z-3101 Mayor McCaron stated that this property should all be turned into R-1 and that a cleanup campaign should be started for cleaning up the property for R-1 uses. Continued) 1969 01 02 CC MIN ×P#Æ 1969 01 02 CC MIN ×P#Æ ˜ö0004035 Regular Meeting of the Baldwin Park City Council January 2, 1969 Page 12 Proper postings and mailings had been accomplished. POSTINGS, MAILINGS There was one I) written protest from Edward J. and ONE 1) 1pRITTEN PROTEST Dorothy M. Denning, owners of the property. EDWARD J, & DOROTHY M. DENNING OWNERS OF PROP. Planning Director Chivetta gave a resume of the case. PLAN. DIR. RESUME He stated that this matter concerned the appeal of the Planning Commission's approval to create a substandard lot subject to conditions. The Planning Commission approved.the creation of one lot to have 57.75 feet of frontage,and one of the conditions of this approval was that the applicant would bring the existing single garages on Parcels 4 and 5 of the proposed Parcel Map in accordance with the Municipal Code; that this would mean that the single car garages would be brought up to two car garages. He indicated the area involved on the map. Proposed Parcel Maps of the property, not formally sub- mitted to the City were passed out to the Council members. TESTIMONY IN FAVOR WAS GIVEN by: TESTIMONY IN FAVOR Larry Bevington, 249 East Pomona Avenue, Monterey Park, LARRY BEVINGTON representing Mr. and Mrs. Denning, read a letter in full 249 POMONA AVE. stating the two reasons why an appeal was being made on MONTEREY PARK, the denial by the Planning Commission. Copy of letter in official files.) He stated that the Dennings were requesting that the Council request the City Attorney to rule on the validity of the Planning Commission to require any garage construction on Parcel 4; delete the requirement for a two car garage on Parcel 4 as being unnecessary for the proper development of the parcel and setting an undesirable precedent for Baldwin Park; over- rule the action of the Planning Commission as to the frontage of Parcel 4 and approve a frontage of 56.43 feet which represents 94% of the Code requirement with an area of 9,759 sq. ft. City Attorney Flandrick pointed out that as In any case of CITY ATTY. appeal Mr. Bevington could not appeal from a part, but must appeal the entire matter and as such he must present the case for a zone variance. Before this variance or any variance can be granted, whether it is an appeal or not, there must stIII be a showing by the applicant that a hardship exists, Mr. Bevington stated that if the Council wished additional MR. BEVINGTON comments in addition to those that were made to the Planning Commission he would be happy to comply. Planning Director Chivetta explained to Mayor McCaron that PLAN. DIR. a deep lot cannot be created; that it had to exist; that the applicant had not submitted the Parcel Map to the City; that he was appealing for a variance to get a sub- standard lot, Mayor McCaron stated that this action would be creating a deep-lot. Mr. Bevington stated that it was not the intention of MR, BEVINGTON the applicant to create a deep lot procedure and that this could be made apart of the approval of either this or the Parcel Map. Mayor McCaron stated that any future problems should be DISCUSSION taken care of at this time; that the garages should conform as they were detached garages; that he could not see that changing the lot sizes were justified except in the case of the house in the middle portion where there Is a five foot setback; that this should be studied. 1969 01 02 CC MIN ×P#Ƙö C604036 Regular Meeting of the Baldwin Park City Council January 2, 1969 Page 13 Councilman Morehead asked Mr. Bevington why he thought DISCUSSION the applicants, if it was their desire to create six lots here in the future, planned it so that the three on Monterey Ave, had less depth than the three facing Center. Mr. Bevington replied that this was the result of a MR. BEVINGTON study of other lots in the area. City Attorney Flandrick stated that the deep lot re- DISCUSSION quirements pertain only to lots which were created prior to the effective date of that regulation; however it does leave the door open for the possibility of a zone variance under that deep lot regulation for a second residential structure but that it would not be permitted in the absence of a zone variance. Mayor McCaron stated that he did not think it would be creating a hardship by requiring that this go as required by the Planning Commission. Councilman Morehead stated that if the single garage on Parcel 4 is brought to code, that the double garage would have approximately the same sq. footage as the house in front of it; that he did not think it was realistic to require this of,the applicant; that if an easement is granted to provide the same driveway for Parcel 4 and 5 to get into the garage of Parcel 5 he saw no need to require the driveway to be moved so much closer to the house than it is now. Mayor McCaron stated that when lot lines are changed to accomodate improvements on the property, it is an error; that if the garage needs moving maybe the garage should be moved; that he thought this should all be presented in one package so that the whole thing could be approved. TESTIMONY WAS GIVEN by: TESTIMONY Mr. Dorothy M. Denning, 4442 North Bresee Avenue, owner MRS. DOROTHY M. DENNING of the property, stated that she and her husband had 4442 N. BRESEE AVE. been trying to do something with this property since OWNER OF PROPERTY last June; that they have buyers for the property; that if a garage were built, as indicated by the Planning Commission, one would be unable to get to the back end of the large lot; that they were willing to change or enlarge the garage on the middle lot and bring it up to code but that she objected to having to spend two or three thousand dollars extra to build another garage, Councilman Hamilton stated that he thought if the park- DISCUSSION way property between the two driveways could be secured, they would have plenty of room to get in without getting on the other person's property; that he did not think the owners of older property should be forced to build a double garage if they wanted to make an improvement; that if it was possible to get into the garage without moving it or securing a little more land, then he would be in favor of leaving it alone. Mr. Bevington stated that there are two problems involved MR. BEVINGTON in moving the line on Parcel 4; that wherever the lot line is placed, the garage will either have to be moved or there will have to be a joint driveway easement; that if such a driveway agreement cannot be arrived at between the two then they would either move the existing garage or build a new one; that they felt it could be solved most simply by a joint driveway easement and not hamper the development of Parcel 4. Continued) 1969 01 02 CC MIN ×P#Ƙö000403'7 Regular Meeting of the Baldwin Park City Council January 2, 1969 Page 14 City Attorney Flandrick stated that since the Dennings DISCUSSION were the owners of all six parcels at this time there was no reason why they could not sign a joint use drive- way agreement and have it recorded. In answer to Mayor McCaron's question as to what the Council would be ruling on, City Attorney Flandrick stated that the matter before the Council is a variance to permit the creation of two substandard lots; that a subdivision could not be filed prior to obtaining this variance; that the Planning Commission had indicated as one of its condi- tions that If the variance were to be approved, in whatever form, that it be made conditional upon their filing a sub- division map; that a resolution would have to be drawn up. As there was no one else In the audience desiring to speak PUBLIC HEARING either in behalf of or in opposition to ZV-203, Mayor DECLARED CLOSED McCaron declared the public hearing closed. ZV-203 Mayor McCaron stated that he felt the money the Dennings DISCUSSION were willing to spend on the one car garage could be used to move the other garage. Councilman Gregory stated that she felt one of the major problems in Baldwin Park was off street parking; that if the Council was going to allow the continuance of small garages and no off street parking that we are adding to the City's street problems. Councilman Adair stated that he felt joint easements create problems. COUNCILMAN MOREHEAD MOVED THAT THE COUNCIL APPROVE THE MOTION MADE & CARRIED ZONE VARIANCE BY ALLOWING THE CREATION OF A SUBSTANDARD COUNCIL APPROVE ZONE LOT ON PARCEL 6 AT A WIDTH OF 57.75 FEET AND THAT THE VARIANCE ALLOWING PLOT PLAN PARCEL MAP BE MODIFIED TO SHOW LOT 4 HAVING CREATION SUBSTANDARD LOT A MINIMUM WIDTH OF 60 FEET AND THAT PARCEL 5 BE MODIFIED PARCEL 6 AT WIDTH OF TO ACCOMODATE THAT 60 FOOT WIDTH. COUNCILMAN HAMILTON 57.75 FT. & PLOT PLAN SECONDED. There were no objections, the motion carried PARCEL MAP BE MODIFIED and was so ordered. TO SHOW LOT 4 HAVING MIN. WIDTH OF 60 FT. & PARCEL 5 BE MODIFIED TO ACCOMODATE THAT 60 FT. WIDTH. For clarification, Mayor McCaron stated that Parcel 4 should be a 60 foot lot and the garage remain the same; that Parcel 6 remain at 57.75 due to the side yard setback for the house; that Parcel 5 be modified to accomodate the 60 foot width of Parcel 4. 00- It was the time and place fixed for a public hearing on PUBLIC HEARING ZV-205, an application for a Zone Variance to vary with the Baldwin Park Zoning Ordinance No. 357, Section 9551, ZV-205, APPLICATION FOR Uses Permitted in the R-1 Zone," so as to develop the ZONE VARIANCE TO VARY property in accordance with a Precise Plan. Property WITH BPMC USES PERMITTED located at 3125 and 3135 Puente Avenue, in the R-I IN THE R-1 ZONE,11 SO AS single family residential) zone. Applicant: Paul TO DEV. PROPERTY IN R. Wheeler ACCORDANCE WITH A PRECISE PLAN. PROPERTY AT 3125 & 3135 PUENTE AVE. IN R-I ZONE. APPLICANT: PAUL R. WHEELER Proper postings and mailings had been accomplished. POSTINGS, MAILINGS Continued) 1969 01 02 CC MIN ×P#Ƙö CG04~038 Regular Meeting of the Baldwin Park City Council January 2, 1969 Page 15 There was one I) written protest Copy n official ONE 1) WRITTEN PROTEST files) Nicholas Stark, 14521 Garvey, Henry Last, NICHOLAS STARK, 14521 14521 Harvey, Leonard Eremente, 3502 N. Millbury, GARVEY, HENRY LAST, 14521 Fred P. Truhart, 14523 Garvey, Mrs. N. D. Ingram, GARVEY, LEONARD EREMENTE, 14436 Garvey, David Kosecoff, 14523 to 14535 Garvey, 3502 N. MILLBURY, FRED P. and Cecil M. Beaudreau, 3149 N. Puente. TRUHART, 14523 GARVEY, MRS. N. D. INGRAM, 14436 GARVEY, DAVID KOSECOFF, 14523 TO 14535 GARVEY, & CECIL M. BEAUDREAU, 3149 N. PUENTE Planning Director Chivetta gave a resume of the case PLAN. DIR. RESUME and referred to a rendering of the development. He stated that this property consisted of 182 feet of frontage by 151 feet of depth on one side by 181 feet of depth on the other; that the existing zoning in the area is primarily R-1; that the corners of the property on Merced and Puente Avenues are presently zoned C-I for commercial development and are occupied with the same; that the Planning Commission had conditionally approved the precise plan of development, which would be in accor- dance with the plot plan and elevations; that the build- ing would have to be constructed as shown with no deviations. TESTIMONY IN FAVOR WAS GIVEN by: TESTIMONY IN FAVOR Mr. Paul Wheeler, the applicant, 742 N. Butterfield, MR. PAUL WHEELER, West Covina, stated that the two homes on this property 742 N. BUTTERFIELD, were in poor condition; that the property had been W. COVINA condemned by the City; that It s not located so that he can reconstruct residentially; that he felt the proposed plan would be attractive and desireable for the City of Baldwin Park; that neighbors in the resi- dential area adjoining were in favor of the plan; that the only basic complainants were local businesses in the area. TESTIMONY IN OPPOSITION WAS GIVEN by: TESTIMONY IN OPPOSITION Mr. Henry Last, 1452 E. Garvey Avenue, requested denial MR. HENRY LAST, as there were already six existing shopping centers with- 1452 E. GARVEY AVE. In one-half mile of the proposed area, one of which is close to the property in question and contains ten units and three of those units were vacant most of the time; that there is no need for more businesses In the area. Mr. David Kosecoff, owner of stores located at 14523-25- MR. DAVID KOSECOFF, 27-29-31-33 E. Garvey Avenue, stated that he did not see OWNER OF STORES AT the need for any more commercial n this area; that In the 14523-25-27-29-31-33 last three years he had three grocers go broke; that four E. GARVEY AVE. barbers could not make a go of their businesses. Mr. Sam Pollock, 3145 N. Puente, stated that he was in MR. SAM POLLOCK, opposition; that he didn't mind a nice building being put 3145 N. PUENTE up but he was against the zone change; that if it is going to be changed all of Puente should be commercial. Mr. Nicholas Stark, owner of 14521 E. Garvey Avenue, stated MR. NICOLAS STARK, the variance was not justified for the reason that the area 14521 E. GARVEY AVE. does not require nor is It capable of supporting the type of development proposed; that there are already many commercial businesses in the area; that in the shopping development on Garvey and Puente there are three vacancies; that he knew the owners of those businesses and the fact that they could not make a go of it was not due to their negligence. Continued) 1969 01 02 CC MIN ×P#Ƙö6004039 Regular Meeting of the Baldwin Park City Council January 2, 1969 Page 16 TESTIMONY IN FAVOR WAS GIVEN by: TESTIMONY IN FAVOR Mr. Paul Wheeler stated that what he had proposed MR. PAUL WHEELER would not be a detriment to businesses In the area. Councilman Gregory stated that the vacancy factor DISCUSSION concerned her; that If Mr. Wheeler were not able to rent or lease the stores he might have a problem. Councilman Adair stated that he was concerned about having so many small centers spring up that could not succeed. Mayor McCaron stated that competition should not be a factor in determining whether the variance should be granted; that he thought maybe apartments would fit in more with the entire area. Councilman Hamilton stated that this was a beautifully designed plan; that there was adequate traffic; that he would rather have a business next to him than an apartment house; that this could be an asset to the City. Councilman Morehead said he would agree in most part with Councilman Hamilton. He stated that he felt the Planning Commission was requiring some strong conditions and he wondered If Mr. Wheeler was fully aware of these; that whether other businesses had been able to make it economically or not was not the Issue. Planning Director Chivetta stated that in PC68-24, Section PC68-24, SECT. 2 2, Item h), the time limit should be extended to 60 days. ITEM h) TIME LIMIT EXTENDED TO 60 DAYS As there was no one else in the audience desiring to speak PUBLIC HEARING either in behalf of or in opposition to ZV-205, Mayor DECLARED CLOSED McCaron declared the public hearing closed. ZV-205) COUNCILMAN MOREHEAD MOVED THAT THE COUNCIL CONCUR WITH MOTION MADE & CARRIED THE PLANNING COMMISSION'S RESOLUTION PC68-24, Z-205, AND COUNCIL CONCUR P.C.'S OVERRULE THE APPEAL. COUNCILMAN HAMILTON SECONDED. Roll RES. PC68-24, Z-205 Call. & OVERRULE THE APPEAL The motion carried by the following voter Ayes: Councilmen Adair, Hamilton, Morehead Noes: Mayor McCaron Abstain: Councilman Gregory 00- AT 10:50 P.M. COUNCILMAN MOREHEAD MOVED THAT THE CITY ADJ. 10:50 P.M. COUNCIL ADJOURN. COUNCILMAN ADAIR SECONDED. There were no objections, the motion carried and was so ordered, 00- THELMA L. BALKUS, CITY CLERK APPROVED; January 15, 1969. Date of Distribution to City Council January 10, 1969. Date of Distribution to Departments January 13, 1969.