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HomeMy WebLinkAbout1969 09 17 CC MIN1969 09 17 CC MIN(ÌìÛ¡peINDEX MINUTES 9/17/69 Treasurer's Report 8/51/69 Received & Filed Res 69-168 Claims and Demands Adopted Public Hearings 1. 68-N-78) Res 69-141 Adopted 2. 68-S-49, 55, 59) Res 69-158 Adopted 5. 69-A-9) Res 69-159 Adopted 4. 69-N-46) Res 69-160 Adopted 5. 69-N-47) Testimony Charles Berthel Res 69-161 Adopted 6. 69-N-48) Res 69-165 Adopted 7. Parcel Map 765 Appeal Testimony Arthur Baldinado Testimony Joe Estrada for Mr. & Mrs. Perez Testimony Paul Frykberg P.M 765 Continued to Oct 1st R. N. Scott, Leadership Construction re: SP-14 Scott to dedicate for streets, etc. ZV-205 5(25-55 Puente, Pau Wheeler Time Extension Res 69-170 ZV-205 Granting 1) year extension Adopted TUP Carnival Foster School 10/4/69 Approved Retirement System Vote on retirement to be presented 10/1/69 CAO authorized to vote at League Conference; City Clerk alternate CAO Leave 10/6/69 through 10/24/69 Res 69-165 69-S-8 & 69-S-12) Adopted Res 69-164 69-N-56 & 69-N-57) Adopted Cook-Out Shelter Morgan Park File Notice of Completion Res 69-166 Requesting County Road Dept. participation BadiIfo/Francisquito Adopted Leorita at Dalewood Freeway Park Site) to remain open 4 way stop Leorita and Bess to remain Res 69-167 Requesting State Aid Flood Relief Adopted Ord No 554 SP-15) Adopted Ord No 555 Re Title City Manager" Introduced Audit 1968-69 Distributed P.N. Vogel on N. LaRica Letter James Garrow re park site Adjourned 9:20 p.m. BIB] 37659-U01 1969-U02 09-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9995-U03 DO10013-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1969 09 17 CC MIN(ÌìÛ¡pet00420$ REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBER) 14403 East Pacific Avenue SEPTEMBER 7:50 P.M. 7, 1969 In accordance with Section 2705 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 iterns» The City Council of the City of Baldwin Park met in regular session at the above place at 7:50 p.m. Councilman Adair led the salute to the flag. present: COUNC1LMEN ADAIR, GREGORY, HAMILTON, MOREHEAD AND MAYOR MCCARON Ro I I Ca FLAG SALUTE ROLL CALL Also Present: CHIEF ADMINISTRATIVE OFFICER NORDBY, CITY ATTORNEY FLANDRICK, CITY ENGINEER FRENCH, PLANNING DIRECTOR CH1VETTA, FINANCE DIRECTOR DUNCAN, CHIEF OF POLICb. ADAMS, CITY TREASURER CODLING AND CITY CLERK BALKUS 00- COUNCILMAN GREGORY MOVED THAT THE CITY TREASURER'S REPORT, AS OF AUGUST 51, 1969» BE RECEIVED AND FiLED. COUNCILMAN MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered. 00- RESOLUTION NO. 69-168 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK COUNCILMAN ADAIR MOVED THAT RESOLUTION NO. 69-168 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN MOREHEAD SECONDED. Roll Call. There were no objections, the motion carried and was so ordered. 00- City Clerk Balkus administered the oath to those in the audience desiring to be heard during the meeting. 00- CITY TREAS. REPORT AUGUST 51, 1969 RECEIVED & FILED RES. NO. 69-168 ALLOWING CLAIMS & DEMANDS NOS. 5915 THRU 5972 PAYROLL PERIOD 8/16/69 THRU 8/51/69 RES. NO. 69-168 ADOPTED OATH PUBLIC HEARINGS: 7:50 p.m. having arrived it was the time and place fixed for a public hearing on 68-N-78, 4148 N. Downing, con- tinued from August 20, 1969, to hear objections or protests to Report of Work of Chief Administrative Officer regarding amount of assessment, Proper postings and mailings had been accomplished There were no written protests. Continued) PUBLIC HEARINGS 7:50 P.M. PUBLIC NUISANCE 68-N-78 4148 N. DOWNING POSTINGS, MAILINGS NO WRITTEN PROTESTS BIB] 37659-U01 1969-U02 09-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9995-U03 DO10013-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1969 09 17 CC MIN(ÌìÛ¡pe0004210 Regular Meeting of the Baldwin Park Ci+y Counci September 17, 1969 Page 2 As there was no one in the audience desiring to speak either in behalf of or in opposition to 68-N-78, Mayor McCaron declared the public hearing closed. RESOLUTION NO. 69-141 CONFIRMING THE CHIEF ADMINISTRATIVE OFFICER'S REPORT REGARDING CERTAIN SPECIAL ASSESSMENTS 68-N-78) COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 69-141 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 68-S-49, a Short Form 1911 Act, on the northwest side of Big Dalton Avenue between Garvey Avenue to 5153 Big Dalton Avenue, inclusive, to hear any protests in regard to the cost for the construction of curbs, gutters, sidewalks and drive approach on Parcels I, 2 and 5» Proper postings and mailings had been accomplished. There were no written protests. It was the time and place fixed for a public hearing on 68-S-55, a Short Form 1911 Act, on the west side of Landis Avenue between Ohio Street and Olive Street to hear any protests in regard to the cost for the construction of sidewalks on Parcel I. Proper postings and mailings had been accomplished, There were no written protests, It was the time and place fixed for a public hearing on 68-S-59, a Short Form 1911 Act, on the east side of Merced Avenue between Palm Avenue and Los Angeles Street In regard to the cost for the construction of sidewalks on Parcels 2, 3, 7, 15, 20 and 21. PUBLIC HEARING DECLARED CLOSED 68-N-78 RES. NO. 69-141 CONFIRMING CAO'S REPORT RE CERTAIN SPECIAL ASSESSMENTS RES. NO. 69-141 ADOPTED PUBLIC HEARING SHORT FORM 191 I ACT 68-S-49 CGS&DA) PARCEL I $361.00 PARCEL 2 348.00 PARCEL 3 350.00 POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING SHORT FORM 1911 ACT 68-S-55 PARCEL I $378.50 POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING SHORT FORM 1911 ACT 68-S-59 PARCEL 2 $ 85.00 PARCEL 3 85.00 PARCEL 7 85,00 PARCEL 15 85.00 PARCEL 20 103.00 PARCEL 21 193.00 Proper postings and mailings had been accomplished, There were no written protests, As there was no one In the audience desiring to speak either in behalf of or in opposition to 68-S-49, 68-S-55 and 68-S-59, Mayor McCaron declared the public hearing closed RESOLUTION NO. 69-158 CONFIRMING CERTAIN REPORTS OF THE SUPERINTENDENT OF STREETS COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 69-158 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN ADAIR SECONDED. There were no objections, the motion car- ried and was so ordered, POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED 68-S-49, 55 and 59 RES. NO. 69-158 REPORTS SUPT. OF STREETS RES. NO. 69-158 ADOPTED 00- BIB] 37659-U01 1969-U02 09-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9995-U03 DO10013-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1969 09 17 CC MIN(ÌìÛ¡peRegular Meeting of the Baldwin Park City Counci September 17, 1969 Page 5 place fixed for a public hearing ne whether certain vehicles nuisance a+ 5023 Westco+t. 1+ was the time and on 69^A-9 to de+erm constitute a pub!ic Proper post Ings and mailings had been accomplished There were no written protests, City Engineer French presented photographs taken on July 29, 1969 and September 17, 1969. He stated that all but three of the cars had been removed, and he had been informed that these would be removed soon. As there was no one in the audience desiring to speak either in behalf of or in opposition to 69-A-9, Mayor McCaron declared the public hearing closed. RESOLUTION NO, 69-159 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED City Engineer French stated that in Section 2 of Resolution No. 69-159 a time limit of 30 days" should be inserted. COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 69-159 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN MOREHEAD 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 69-N-46, to determine whether certain premises and build- ings and structures constitute a public nuisance at 15508 Corak. Proper postings and mailings had been accomplished. There were no written protests. City Engineer French presented photographs taken on June 50, 1969 and September 17, 1969, He stated that his department had been in touch with Mr. Black who had indicated that Trinity Mortgage was repossessing the property and returning it to FHA. As there was no one in the audience desiring to speak either in behalf of or in opposition to 69-N-46, Mayor McCaron declared the public hearing closed. RESOLUTION NO, 69-160 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 69-N-46) City Engineer French stated that in Section 2 of Resolution No. 69-160 a time limit of 60 days" should be inserted. COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 69-160 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections, the motion carried and was so orderedo 00- PUBLIC HEARING PUBLIC NUISANCE 69-A-9 POSTINGS, MAILINGS NO WRITTEN PROTESTS CITY ENGR. RESUME PUBLIC HEARING DECLARED CLOSED 69-A-9 RES. NO. 69-159 ORDERING ABATEMENT 69-A-9S 50 DAYS TO ABATE RES, NO. 69-159 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 69-N-46 POSTINGS, MAILINGS NO WRITTEN PROTESTS CITY ENGR. RESUME PUBLIC HEARING DECLARED CLOSED 69-N-46 RES. NO. 69-160 ORDERING ABATEMENT 69-N-46) 60 DAYS TO ABATE RES. NO. 69-160 ADOPTED BIB] 37659-U01 1969-U02 09-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9995-U03 DO10013-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1969 09 17 CC MIN(ÌìÛ¡pe0004212 Regular Meeting of the Baldwin Park Ci+y Council September 17, 1969 Page 4 It was the time and place fixed for a public hearing on 69-N-47, +o determine whether certain premises and buildings and structures constitute a public nuisance at 4540 Walnut Street. Proper postings and mailings had been accomplished. There were no written protests. City Engineer French presented photographs taken on July 50, 1969 and September 17, 1969. He stated that the major part of the cleanup had been completed but there are still major building violations. TESTIMONY WAS GIVEN by: Charles Barthel, 4615 N, Bresee Avenue, stated that his plea was no contest," and that he understood what the City was doing. His problem was financing, and he requested a three- or four-month time extension City Engineer French stated that there would be no objection to a ninety-day extension if the house were completely secured during the ninety days. Mr. Ber+hel stated that the house had been boarded up. As there was no one else in the audience desiring to speak either in behalf of or in opposition to 69-N-47, Mayor McCaron declared the public hearing closed. RESOLUTION NO. 69-161 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED. 69-N-47) PUBLIC HEARING PUBLIC NUISANCE 69-N-47 POSTINGS, MAILINGS NO WRITTEN PROTESTS CITY ENGR. RESUME TESTIMONY CHARLES BERTHEL 4615 N, BRESEE AVE. PUBLIC HEARING DECLARED CLOSED 69-N-47 RES. NO. 69-161 ORDERING ABATEMENT 69-N-47) City Engineer French stated that in Section 2 of Resolution No. 69-161 a time limit of 90 days" should be inserted, COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 69-161 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered, 90 DAYS TO ABATE RES. NO. 69-161 ADOPTED 00- City Engineer French requested that Item 6, 69-N-48, be deleted from the agenda as the nuisance had been abated, There were no objections, 00- It was the time and place fixed for a public hearing on 69<.N-49, to determine whether certain premises and buildings and structures constitute a public nuisance at 4502 Walnut Street. Proper postings and mailings had been accomplished, There were no written protests. City Engineer French presented photographs taken on July 17, 1969 and September 17, 1969. 00- ITEM 6, 69-N-48 DELETED P.N. ABATED PUBLIC HEARING PUBLIC NUISANCE 69-N-49 POSTINGS, MAILINGS NO WRITTEN PROTESTS CITY ENGR. RESUME BIB] 37659-U01 1969-U02 09-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9995-U03 DO10013-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1969 09 17 CC MIN(ÌìÛ¡pe000421& Regular Meeting of the Baldwin Park Ci+y Counci September 17, 1969 Page 5 As there was no one in the audience desiring to speak either in behalf of or in opposition to 69-N-49, Mayor McCaron declared the public hearing closed. RESOLUTION NO, 69-165 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDER- ING THE SAME ABATED 69-N-49) City Engineer French stated that in Section 2 of Resolution No, 69-165 a time limit of 60 days" should be inserted. COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 69-165 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED, There were no objections, the motion carried and was so ordered, 00- 1+ was the time and place fixed for a public hearing on an appeal by Paul E, Frykberg, of the Planning Commission's Resolution PC69-44, Case No. ZV-215, which denied the crea- tion of two 2) substandard, interior tots In an R-5 zone. The applicant had requested that two nonconforming uses, namely, single family dwelling units In the R-5 zone be allowed to be maintained; that two interior lots be created as part of Parcel Map 765, in variance with Section 9500 et seq. of the Lot Split Ordinance,of the Baldwin Park Municipal Code. Proper postings and mailings had been accomplished. A letter was received from Paul E. Frykberg, 4056 Vineland Avenue, appealing the decision of the Planning Commission. Copy of letter In official files,) Planning Director Chivet+a reviewed the Commission's reasons for denying the appiIcan+'s request. PUBLIC HEARING DECLARED CLOSED 69-N-49 RES. NO. 69-165 ORDERING ABATEMENT 69-N-49) 60 DAYS TO ABATE RES. NO. 69-165 ADOPTED PUBLIC HEARING APPEAL PAUL FRYKBERG DENYING CREATION TWO SUBSTANDARD, INTERIOR LOTS, R-5 ZONE, ZV-215 AND PM 765 POSTINGS, MAILINGS LTR. FROM PAUL E. FRYKBERG, 4056 VINELAND PLAN. DIR. RESUME City Attorney Ftandrick reminded the Council of four factors, as set forth In Section 9505 of the Baldwin Park Municipal Code, which should be considered in this type of variance: 1) That there are exceptional or extraordinary circumstances or conditions applicable to the properties involved which do not generally apply to other property of a simitar nature; 2) That the granting of the variance requested wilI not be materially detrimental to public welfare or injurious to adjacent properties; 5) That the granting of the map or the approval of the variance will not adversely affect the Comprehensive General Plan of the City; and 4) That the approval as requested is necessary to permit the property owner to use and enjoy the property involved. Planning Director Chivet+a indicated, on a map, the property in- volved. He stated that the Commission had determined that the denial of the Interior lots was not depriving the property owners of a substantial property right because the property can still be sold as one parcel; that Mr. Frykberg's sale of the prop- erty would be creating two substandard, interior lots In variance with the R-5 zoning regulations. Planning Director Chivetta further explained that the 1964 Assessors Records reflected five 5) parcels of property; that in 1967 the applicant had purchased Parcels 5, 4, and 5; that shortly thereafter, as one Continued) BIB] 37659-U01 1969-U02 09-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9995-U03 DO10013-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1969 09 17 CC MIN(ÌìÛ¡pe0004214 Regular Meeting of the Baldwin Park Ci+y Counci September 17, 1969 Page 6 structure was on a lot line, a portion of Parcel 5 was sold and added +o Parcel 2, adjusting the lot lines, and 3 parcels were created from the original 5 parcels; that the standing of the lots as they exist today is three 5) parcels and the parcel under consideration is Parcel 3, which contains two single family residential structures, The Planning Director further stated that the applicant claims he is a victim of circumstances and is requesting the variance in behalf of himself and Mr» & Mrs< Perez to create two interior lots from the one Parcel 3) that ex- isted prior to the sale of the property to Mr<> & Mrso Perez; that Mr> frykberg has up for sale, at this time, a single family structure located to the rear of the property; that Section 9303 of the Baldwin Park Municipal Code states that no plan shall be approved for a division of land unless each lot has frontage upon a dedicated public street or an existing private street of not less than forty feet in widtha TESTIMONY WAS GIVEN by: Arthur Baldinado, attorney, with Wiener and Weiss, 250 W. Badillo, Covina, stated that Mr. Weiss represented Paul E* Frykbera- He requested that thi^ matter be deferred to another Council meeting mainly because he was not adequately prepared to respond to some of the questions raised on the present status of the proper+yo He stated that he would tike to contact Mr. Perez and his counsel to find out if they would Join them in urging this appeal. Mayor McCaron stated that if there were no objections the hearing would be held over until October 1, 1969. City Clerk Balkus again administered the oath. TESTIMONY IN OPPOSITION WAS GIVEN by: Joe Estrada, who came forward with Mr« & Mrs. Perez, stated that he was speaking for Mr, Perez, of 4054 VIneland'; that Mr» Perez wanted to rescind the sa)e of this property and get his money back as he was never technically the legal owner; that Mro Perez felt he had been taken advantage of, He stated that Mra Perez would object to a continuation of the hearing as he and Mrso Perez had suffered great mental anguish and just wanted out; that Mr., Perez was represented by Mr,, Morales, as legal counsels Mayor McCaron stated that he did not think continuing this case for two weeks would alter Mr., Perez's position in any way, and City Attorney Flandrick stated that. In his opinion, It would not, Mr, Estrada stated that Mr., Perez would not mind waiting two weeksc TESTIMONY IN FAVOR WAS GIVEN by: Mr, Paul Frykberg, 4056 Vineland Avenue, stated that in 1967, when he first purchased the two rear tots, the title company had endeavored to clear the boundaries as both houses en- croached on the adjoining property; that at the same time the title company for the two duplexes was in the process Continued) RESUME TESTIMONY ARTHUR BALDINADO WIENER WEISS 250 W. BADILLO COV I NA HEARING HELD OVER OCT, I, 1969 OATH TESTIMONY IN OPPOSITI ON JOE ESTRADA TESTIMONY IN FAVOR PAUL FRYKBERG 4056 VINELAND AVE. BIB] 37659-U01 1969-U02 09-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9995-U03 DO10013-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1969 09 17 CC MIN(ÌìÛ¡pe0004215 Regular Meeting of the Baldwin Park City Counci September 17, 1969 Page 7 of selling; that the line is not exac+Ey on their rear property as their line overlapped onto a lot which be- longed to Mr, Train; that he bought the lot from Mr. Train and the Security Title Company bought twenty-five or twenty- six feet to clear the property; that the title company entered this into the County records; that this gave the two pieces of property an additional forty-one feet which brought this up to about one hundred and sixty feet in depth; that the title company which represented him on his two to+s said that they would file these lot sizes; that he was not versed In real estate and did not know whether there had been some mistake in the measurement of the lots. He stated that the lots were evened up and made nice residential lots, perhaps not large enough for an R-5 development, and there was now space between the buildings and the boundry Is now half way between each one of the houses, In answer to Mayor McCaron's question. Planning Director Chive+ta stated that since these properties were purchased past the date of the City's ordinance against forming such lots, Mr. Frykberg also did not have a legal ot, As there were no objections. Mayor McCaron stated that this matter would be held over to the October I, 1969 meet t ng• 00- TEST1MONY IN FAVOR PAUL FRYKBERG HELD OVER TO OCTOBER 1969 City Engineer French gave a resume of a letter received from Richard No Scott, president of Leadership Construc- tion Company, Inc, Copy of letter In official files.) This letter was in objection to SP-14 and Ordinance No, 555, as related to their property at Stewar+» proposed Bellbrook and proposed Cutler Street. Mayor McCaron stated that as an incentive to get the street through, with a thirty-day limitation, he would like to have the Council consider paving on Bellbrook Street only and everything else that is required would be done by the developer. Councilman Morehead stated that he agreed with the recom- mendation of the Planning Director and would consider making a motion that Mr. Scott be required to perform with all applicable codes on the subject property and that no paveout be done by the City. He stated that he disagreed with City Engineer French's recommendation that the CI+y pave out on the streets involved since this property is being developed for a profit- Councilman Adair stated that there should be a thirty- day I imitation, Councilman Hamilton stated he was in accord with Council- man Morehead; that he did not see why the City should go to any expense but that he could see paveout for Stewart Street which was already ino TESTIMONY WAS GIVEN by: Richard N, Scott, 1735 East Workman Avenue, West Covina, stated that a few months prior to his acquisition of this property it had been approved for a lot splIt without any Continued) WRITTEN COMMUNICATION RICHARD N. SCOTT LEADERSHIP CONSTR. CO. SP-14 & ORD. NO. 555 TESTIMONY RICHARD N. SCOTT 1755 E, WORKMAN WEST COVINA BIB] 37659-U01 1969-U02 09-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9995-U03 DO10013-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1969 09 17 CC MIN(ÌìÛ¡ pe0004216 Regular Meeting of the Baldwin Park Ci+y Counci September 17, 1969 Page 8 east or west street; that they had purchased it with that thought in mind; that the City was forcing him to a de- velopment other than on the basis for which he had acquired the property, abrogating a considerable cost to him for development; that they had proposed a reasonable compromise for development based upon what prior action on the part of the City had indicated and what the cost would be with the new street plane Mayor McCaron stated that two parcels of this property were shown on the old street map as a future street. He asked Mro Scott why he had purchased these parcels when they were not necessary to his developments Mro Scott stated that they had purchased the entire property; that he had submitted, on behalf of the prior owner, a lot split application form which was approved by the City which showed that the future street would not go in< Planning Director Chivetta stated that the Parcel Map was submitted, however, it had never been recorded and that when Mr, Scott brought in a new Parcel Map the error was discovered He stated that these parcels have always shown on the General Plan as a future streets Councilman Gregory stated that she would agree to granting the paveout with a 30-day limitation^ In answer to Councilman Morehead's question as to the City's cost for paveout on Stewart and Bellbrook, City Engineer French answered, About $1,000. to $1250," MAYOR MCCARON MOVED THAT THE" DEVELOPER DEDICATE ALL OF THE AREA FOR STREET PURPOSES CUTLER, BELLBROOK AND STEWART AS SHOWN ON THE ENGINEER'S MEMO OF SEPTEMBER 17, 1969, AND THE ATTACHED MAP WITHIN A PERIOD OF THIRTY 50) DAYS IN RETURN FOR WHICH THE CITY WILL CONSTRUCT ALL NECESSARY PAVEOUT ON BELLBROOK AND STEWART EXCLUDING CURBS, GUTTERS AND SIDEWALKSo COUNCILMAN GREGORY SECONDED^ The motion carried by the following vote: AYESs MAYOR MCCARON, COUNCILMEN GREGORY, ADAIR AND HAMILTON NOES: COUNCILMAN MOREHEAD 00- TEST1MONY RICHARD N. SCOTT DEVELOPER DEDICATE ALL AREA FOR ST. PUR- POSES, CUTLER, BELL- BROOK & STEWART WITH- IN 50 DAYS. CITY CON- STRUCT ALL PAVEOUT ON BELLBROOK & STEWART EXCLUDING CG&S Planning Director Chivetta gave a resume of a letter from Paul La Wheeler, requesting a one-year- time extension for compliance with the conditions set forth by Council Reso- lution NOo 69-16) on Case No, ZV-205, 5125-55 Puente Avenueo He stated that Mr, Wheeler had fai+hfuily performed a portion of the requirements for the development of the property and cleared the land, but that he had been faced with some economic hardships and had been unable to acquire financing to continue with the development at this time. The Planning Staff recom- mended that the time limit be grantedo Continued) REQUEST EXTENSION TIME ONE YEAR PAUL L. WHEELER ZV-205, 5125-55 PUENTE AVENUE BIB] 37659-U01 1969-U02 09-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9995-U03 DO10013-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1969 09 17 CC MIN(ÌìÛ¡ pe0004217 / Regular Meeting of the Baldwin Park Ci-t-y Council September 17, 1969 Page 9 COUNCILMAN MOREHEAD MOVED THAT A ONE-YEAR TiME EXTENSION ON CASE NOo ZV-205 BE GRANTED TO PAUL Lo WHEELERo COUNCIL- MAN HAMILTON SECONDEDo There were no objections, the motion carried and was so orderedo ONE-YEAR TIME EXTENSION GRANTED CASE NO. ZV-205 RESOLUTION NO, 69-170 AMENDING RESOLUTION NOo 69-16 RELATING TO ZONE VARiANCE ZV-205 5123-35 PUENTE AVENUE) RESo N0« 69-170 AMEND RES. NO, 69-16. ZV-205 COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NOo 69-170 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDEDo There were no objections,, the motion carried and was so orderedo RES» NO. 69-170 ADOPTED 00- City Clerk Balkus presented a request for a Temporary Use Permit from Foster School PeT.A. for a carnival to be held on October 4, 1969. They requested approval and waiver of fees. COUNCILMAN GREGORY MOVED THAT THE TEMPORARY USE PERMiT FOR A CARNIVAL BY THE FOSTER SCHOOL P.T.A. BE GRANTED AND THAT FEES BE WAIVED, COUNCILMAN MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered^ 00- City Clerk Balkus stated that she would be attending the League of California Cities* convention in San Francisco, October 29 and 30. Chief Administrative Officer Nordby reviewed a report on a study and analysis by Finance Director Duncan and Office Engineer Caresio, regarding the Employees* Association request to drop Social Security from the retirement program now in effect and to up-date to a full State Retirement program. Based upon their study after conversations with the Social Security and State Retirement offices) plus the actual vote of employees, they recommended that the City Council approve a Resolution to phase out of Social Security. Earlier this year the Employees* Association took a poll of the employees and found that 97% of them desired the change. Chief Administrative Officer Nordby explained that any action taken on the Resolution this evening could be reversed during a two-year period. In answer to Mayor McCaron^ question as to whether all of the employees were familiar with the facts concerning the proposed change. Chief Administrative Officer Nordby stated that he be!ieved so; that it had been presented at a series of Employees* Association meetingSo. He stated that, after considering fully what was involved, he would recommend the adoption of the Resolution which would place the change over In motions He explained that the recommendation of the employees or the Employees^ Association does not make manda- tory the action of the CounciIo Finance Director Duncan explained that under the proposed plan the employee would not lose Medicare and any new employee would be elegible for Medicare; that the Resolution should be processed before December 1969. Continued) T.U.P. CARNIVAL FOSTER SCHOOL P,T,A. OCT. 4. 1969 T.U.P. GRANTED FEES WAIVED CITY CLERK ATTEND LEAGUE OF CAL. CITIES CONVENTION, OCT. 29 & 30 CAO REVIEW EMPLOYEES RETIREMENT SYSTEM PROPOSED CHANGE BIB] 37659-U01 1969-U02 09-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9995-U03 DO10013-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1969 09 17 CC MIN(ÌìÛ¡ pe0004818 Regular Meeting of the Baldwin Park Ci+y Counci September 17, 1969 Page 10 Mayor McCaron s+a+ed +ha+ he understood +ha+ this would save money for bo+h the Ci+y and the employees; +ha+ +he amoun+ of benefi+s +o be derived af+er re+iremen+ were fairly in line wi+h each o+her; +ha+ he wan+ed +o be sure everyone unders+ood wha+ +he change would make in +heir re+iremen+ benefi+So CAO REVIEW EMPLOYEES' RETIREMENT SYSTEM PROPOSED CHANGE Councilman Morehead asked whe+her +he 9~!% of In favor of +his change was from a pott of a employees or of +he Employees' Associa+ion. replied +ha+ a+ +he +ime +he poll was +aken, of +he employees. +he employees 11 of +he Sergean+ King i+ was of a 11 Discussion followed. Councilman Morehead s+a+ed +ha+ since i+ had been qui+e some +ime since anyone had a final yes" or no" on +his faze ou+» he would like +o reques+ +ha+ +he Chief Admirr- is+ra+ive Officer furnish +he Courrci t wi+h a curren+ yes" or no" from all of +he employees on +his change over; +ha+ he recommended +ha+ +his ma++er be held over +o +he nex+ Council mee+ing. There were no objec+ions. 00- Chief Adminis+ra+tve Officer torrtby s+a+e^ +ha+ regls- +ra+ion for +he League of California Ci+ies Conven+ion in San Francisco would commence Sep+ember 28, 1969, and +he final general business session would be on +he 1s+ of Oc+ober, He s+a+ed +ha+ he had been informed +ha+ none of +he Council would be in a++endance; +ha+ +he Ci+y had received a te++er from Howard Gardner reques+ing +ha+ official au+horiza+ion +o vo+e on +he resolu+ions and o+her ma++ers +ha+ come before +he general assembly be given. Mr. Nordby reviewed a few of +he resolu+ions which had been considered by +he Los Angeles division of +he League and s+a+ed +ha+ before he a++ended +he conven+Ion he would like +o informally poll +he Council on ma++ers which would be coming up for vo+e. He recommended +ha+ he be au+horized, on behalf of +he Ci+y, +o vo+e on ma++ers which come before +he general assembly w4+h +he CI+y Clerk as his at+ema+e. COUNCILMAN MOREHEAD MOVED THAT AUTHORIZATION TO VOTE ON MATTERS COMING BEFORE THE GENERAL ASSEMBLY AT THE LEAGUE OF CALIFORNIA CITIES CONVENTION IN SAN FRANCISCO BE GIVEN TO CHIEF ADMINISTRATIVE OFFICER NORDBY WITH CITY CLERK BALKUS AS HIS ALTERNATE. COUNCILMAN GREGORY SECONDED. There were no objec+ions, +he mo+ion carried and was so ordered. 00- Chief Admnms+ra+ive Officer Nordby reques+ed leave from +he 6+h of Oc+ober +hrough +he 24+h. There were no objec- +ions. He explained he would a++end +he In+erna+ional Ci+y Managers' Conference in New York, +o be heid Oc+ober 12 +o 16, 1969. 00- Ci+y Engineer French presen+ed a report- of work compte+ed on 69-S-8, Sou+hwes+ side of Franctsqui+o Ave. be+ween Puen+e Ave. and Ci+y Limi+s S) and 69-S-12, Sou+h side of Ballen+in® Place be+ween La Rica Ave, and Baldwin Park Boulevard S&DA). Con+Inued) DISCUSSION DECISION RE CHANGE OVER IN REflREMENT SYSTEM HELD OVER TO OCT. 1, 1969 CAO NORDBY REPORT RE LEAGUE OF CALIF CITIES CONVENTION, SAN FRANCISCO 9/28/69 10/1/69 AUTH. TO VOTE AT CONVENTION GIVEN TO CAO NORDBY WITH CITY CLERK BALKUS AS ALTERNATE CAO LEAVE 10/6/69 0/24/69 REPORT OF WORK 69-S-8 S) 69-S-12 S&DA) BIB] 37659-U01 1969-U02 09-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9995-U03 DO10013-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1969 09 17 CC MIN(ÌìÛ¡ 1969 09 17 CC MIN(ÌìÛ¡ pe0004220 Regular Meeting of the Baldwin Park Ci+y Counci September 17, 1969 Page 12 Ct+y Engineer French presented the Traffic Committee Report which was requested In regard to the closing of a portion of Leorita Street. MAYOR MCCARON MOVED THAT THE PORTION OF LEORITA STREET REMAIN OPEN AND THAT THE PARK BE DEVELOPED WITHOUT THE CLOSING OF THIS STREET, COUNCILMAN HAMILTON SECONDED. The motion carried by the following vote: AYES: MAYOR MCCARON, COUNCILMEN HAMILTON ADAIR AND MOREHEAD NOES: COUNCILMAN GREGORY City Engineer French asked whether the resolution creating four-way stops at Leori+a and Bess could be rescinded; that the four-way stops were put in against the recom- mendation of the Traffic Committee; that the stops were not put up for traffic reasons but to allow for the closing of the street. Discussion followed. It was decided that the four-way stops would remain, and if there are any problems the resolution can be brought back for further consideration. 00- RESOLUT10N NO. 69-167 REQUESTING STATE AID UNDER THE EMERGENCY FLOOD RELIEF LAW SECTIONS 54150-54164 OF GOVERNMENT CODE COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 69-167 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN ADAIR SECONDED. There were no objections, the motion carried and was so ordered. 00- City Clerk Balkus read by titleh TRAFFIC COMMITTEE REPORT RE CLOSING PORTION LEORITA ST. PORTION OF LEORITA ST. REMAIN OPEN CITY ENGR. RE FOUR- WAY STOPS AT LEORITA & BESS DISCUSSION FOUR-WAY STOPS TO REMAIN RES. NO. 69-167 REQ. STATE AID EMERGENCY FLOOD RELIEF LAW RES. NO. 69-167 ADOPTED ORDINANCE NO. 554 APPROVING A SPECIFIC PLAN SPECIFIC PLAN NO. 15) COUNCILMAN GREGORY MOVED THAT FURTHER READING OF ORDINANCE NO. 554 BE WAIVED. COUNCILMAN MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered. COUNCILMAN GREGORY MOVED THAT ORDINANCE NO. 554 BE ADOPTED COUNCILMAN MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered. 00- City Clerk Balkus read by title: ORD NO. 554 APPROV. SPECIFIC PLAN NO. 15 FURTHER READ'1 NG ORD. NO. 554 WAIVED ORD. NO. 554 ADOPTED ORDINANCE NO. 555 AMENDING THE BALDWIN PARK MUNICIPAL CODE WITH REFERENCE TO THE POSITION OF CITY MANAGER 00- ORD. NO. 555 AMENDING BPMC REFERENCE TO CITY MANAGER BIB] 37659-U01 1969-U02 09-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9995-U03 DO10013-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1969 09 17 CC MIN(ÌìÛ¡pe0004221 Regular Meeting of the Baldwin Park City Counci September 17, 1969 Page 13 COUNCILMAN GREGORY MOVED THAT FURTHER READING OF ORDINANCE NO. 555 BE WAIVED. COUNCILMAN MOREHEAD SECONDED* There were no objections, the motion carried and was so orderedo COUNCILMAN GREGORY MOVED THAT ORDINANCE NO. 555 BE INTRODUCED. COUNCILMAN MOREHEAD SECONDED. There were no objections, the motion carried and was so ordered. FURTHER READING ORD NO. 555 WAIVED ORD. NO. 555 INTRODUCED Chief Administrative Officer Nordby made a distribution of the Audit for the fiscal year 1968-1969, made by James S. File, Associates. 00- Councilman Adair brought up a problem concerning property on North La Rica, owned by Mr. Vogel, who Is not living on the property at the present time. The property is run down and is becoming a public nuisance. City Engineer French stated that his department had started a public nuisance action on the property and were waiting for a title report to bring it to the CounciI. 00- Councilman Morehead commented that he appreciated the letter received from Mr, James Garrow commending the City on the freeway park site proposal at Dalewood and Leorita. The CounciI concurred. 00- AT 9:20 P.M. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL ADJOURN. COUNCILMAN GREGORY SECONDED. There were no objections, the motion carried and was so ordered, 00- DISTRIBUTION OF 1968-1969 AUDIT PUBLIC NUISANCE MR. VOGEL, NORTH LA RICA LETTER FROM JAMES GARROW COMMENDING COUNCIL ON PARK SITE ADJ. AT 9:20 P.M. h^^^Q^^ THELMA L. BALKUS. CitV CLERI? APPROVED: October I 1969 Date of Distribution to City Counci I September 26 1969 Date of Distribution to Departments September 26 1969 BIB] 37659-U01 1969-U02 09-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9995-U03 DO10013-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1969 09 17 CC MIN(ÌìÛ¡peREGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBER) 14405 East Pacific Avenue The City Council of the Ci+y of Baldwin Park met in regular session at the above place at 7:30 p.m. Councilman Adair led the salute to the flag. Present: COUNCILMEN ADAIR, GREGORY HAMILTON, MOREHEAD AND MAYOR MCCARON Ro I I Ca SEPTEMBER 17, 1969 FLAG SALUTE ROLL CALL Also Present: CHIEF ADMINISTRATIVE OFFICER NORDBY, CITY ATTORNEY FLANDRICK CITY ENGINEER FRENCH, PLANNING DIRECTOR CHIVETTA, FINANCE DIRECTOR DUNCAN, CHIEF OF POLICE ADAMS, CITY TREASURER CODLING AND CITY CLERK BALKUS 00- CONTINUATION OF PUBLIC HEARINGS 8. Appeal Parcel Map 765 Paul E. Frykberg 4054 and 4056 Vineland Avenue CONTINUATION OF P.H. CONTINUED TO 10/1/69 00- AT 9:20 P.M. COUNCILMAN COUNCIL ADJOURN. COUNC were no objections, the MOREHEAD MOVED THAT THE CITY LMAN GREGORY SECONDED. There motion carried and was so ordered 00- ADJ. AT 9:20 P.M. fc^^ 2-£_^^ FHELMA L. BALKUS. CITY CLERK DATED: September 18, 1969 TIME: 9:00 A.M. BIB] 37659-U01 1969-U02 09-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9995-U03 DO10013-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06