HomeMy WebLinkAbout1969 10 01 CC MIN1969 10 01 CC MIN (Ìì Û ±peN D E X
OCTOBER Ip 1969 MINUTES
Minutes 9-5-69 and 9-17-69 Approved
Res. No. 69-174 Claims and Demands Adopted
Public Hearing: PM 765 ZV-215 Paul E. Prykberg
Testimony Res PM 765 Robert Weiss
Testimony Res PM 765 Paul E, Frykberg
Public Hearing: PM 765 Continued to U/5/69
Res. No. 69-171 69-S-51 and 32) Adopted
Res. No. 69-177 69-N-51) Adopted
Res. No. 69-178 69-N-52) Adopted
Public Hearing Re: P.N. 69-N-53
Letter Henry Redeker
Testimony Re: P.N. 69-N-53 Robert Funk
ftes. No. 69-179 69-N-55) Adopted
CP-128 Appeal Denial PC69-42 Mary and Louts Janssen
Testimony Re: CP-128 Milton Hadley
Public Hearing CP-128 Continued
Public Hearing ZV-216 Appeal Denial PC69-45 V. & H. Arnerlch
Testimony Re: ZV-216 Vincent Arnerich
Public Hearing Res ZV-216 Continued to 10/15/69
Assessment District 69-S-6 Edwin EIko Requests Extension
Claim Against City Donald E, Cote
Claim Against City Mr. & Mrs. J. C. S+revell
Testimony Re: Claim Against Cl+y J. C. S+revell
Res* No. 69-169 Social Security Termination Adopted
Architectural Agreement Civic Center Approved
Contract Award Radio Units Police Department
Res, No. 69-176 Purchase Certain Items Adopted
Res. No. 69-172 69-S-55) Adopted
Res. No. 69-175 69-S-54) Adopted
Res, No. 69-175 69-S-35) Adopted
Res. No, 69-180 69-N-9? 10 & 17) Adopted
Res, No. 69-181 69-A-12 & 14) Adopted
Ord. No. 555 Adopted
Naming of Big Oal+on Wash Park Area Central Park West"
Adjournment 9^55 PoM.
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1969 10 01 CC MIN (Ìì Û ±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 Hamilton led the salute to the flag.
Present: COUNC1LMEN ADAIR, GREGORY
HAMILTON, MOREHEAD AND
MAYOR MCCARON
Ro I I Ca
OCTOBER I, 1969
7:30 P.M.
FLAG SALUTE
ROLL CALL
A I so Present:
CHIEF ADMINISTRATIVE OFFICER
NORDBY, CITY ATTORNEY FLANDRICK
ASSISTANT CITY ENGINEER GORDON,
PLANNING DIRECTOR CHIVETTA,
FINANCE DIRECTOR DUNCAN, CHIEF
OF POLICE ADAMS, CITY TREASURER
CODLING AND CITY CLERK BALKUS
Absent: CITY ENGINEER FRENCH
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CONTINUATION OF PUBLIC HEARINGS
1. P.M. 765 Paul E. Frykberg, 4054 and 4056 Vineiand
Avenue. Continued from 9/17/69. Public
Hearing Closed. Case continued to 11/5/69.
2. CP-128 Application for a CUP pursuant to Section
9472, subsection 16, of the Baldwin Park
Zoning Ordinance No. 357, to allow the
construction and use of a rest home in the
R-! single famiIy resi dentiaI) Zone, upon
property located at 3914 Vineiand Avenue,
in the City of Baldwin Park, County of
Los Angeles, State of California;
Applicant: Mary and Louis Janssen
3. ZV-216 Application for a Zone Variance to vary with
the Baldwin Park Zoning Ordinance No. 357,
Section 9522 subsection I, a, c, Disconti n-
uance of a nonconforming use for a period of
6 months or more," to allow the use of single
fami iy residential structures in the R-3
heavy multiple residentia i) Zone upon
property at 1382 Maine Avenue, in the City
of Baldwin Park, County of Los Angeles, State
of CaIi forni a;
Applicant: Vincent and Helen Arnerich
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AT 9:55 P.M. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL
ADJOURN. COUNCILMAN HAMILTON SECONDED. There were no
objections, the motion carried and was so ordered.
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CONTINUAT10N OF P.H.
PUBLIC HEARING'CLOSED
CASE CONTINUED TO
I 1/5/69
CONTINUED TO 10/15/69
CONTINUED TO 10/15/69
ADJ. AT 9:55 P.M.
THELMA L. BALKUS. CITY CLERK
DATED: October 2, 1969
TIME: 9:00 A.M.
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1969 10 01 CC MIN (Ìì Û ±pe00(M 2
REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL
CITY HALL COUNCIL CHAMBER) 14403 East Pacific Avenue
OCTOBER I,
7:30 P.M.
969
In accordance with Section 2705 of the Municipal Code the
Cl+y 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 i+emso
The City Council of the City of Baldwin Park met in regula.
session at the above place at 7:50 porn,
Councilman Hamilton led the salu+e to the flag.
Roil Call: Present: COUNCILMEN ADA1R, GREGORY,
HAMILTON. MOREHEAD AND
MAYOR MCCARON
FLAG SALUTE
ROLL CALL
Also Present:
CHIEF ADMINISTRATIVE OFFICER
NORDBY, CITY ATTORNEY FLANDR1CK,
ASSISTANT CITY ENGINEER GORDON
PLANNING DIRECTOR CHIVETTA,
FINANCE DIRECTOR DUNCAN, CHIEF
OF POLICE ADAMS, CITY TREASURER
CODLING AND CITY CLERK BALKUS
Absent: CITY ENGINEER FRENCH
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COUNCILMAN MOREHEAD MOVED THAT CITY ENGINEER FRENCH BE
EXCUSED. COUNCILMAN GREGORY SECONDED. There were no
objections, the motion carried and was so ordered.
00-
COUNC1LMAN GREGORY MOVED THAT THE MINUTES OF SEPTEMBER 5,
1969 AND SEPTEMBER 17, 1969 BE APPROVED AND THAT FURTHER
READING BE WAIVED. COUNCILMAN MOREHEAD SECONDED. There
were no objections, the motion carried and was so ordered.
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RESOLUTION NO. 69-174 ALLOWING CLAIMS AND
DEMANDS AGAINST THE CITY OF BALDWIN PARK
COUNCiLMAN MOREHEAD MOVED THAT RESOLUTION NOo 69-174 BE
ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN
HAMILTON SECONDED,, Roll Call, There were no objections,
the motion carried and was so ordered.
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dty Clerk Balkus administered the oath to those In the
audience desiring to be heard during the meeting.
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CITY ENGR. EXCUSED
MINUTES 9/5/69 &
9/17/69 APPROVED
RES. NO. 69-174
ALLOWING CLAIMS &
DEMANDS NOS. 5973
THRU 4057 PAYROLL
PERIOD 9/1/69 THRU
9/15/69
RES. NO. 69-174
ADOPTED
OATH
PUBLIC HEARINGS^
PUBLIC HEARINGS
7:50 P.M.
Continued)
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1969 10 01 CC MIN (Ìì Û ±pe0004223
Regular Meeting of the Baldwin Park Ci+y Counci 969
October I,
Page 2
7s50 pairio having arrived i+ was the time and place fixed for
a public hearing on an appeal by Paul Eo Frykberg, PM 765,
which denied the creation of two 2) substandard interior
lots in an R-3 Zonep continued from September 17, 1969.
ZV-215)
Proper posting had been accornplishedo
TESTIMONY WAS GIVEN by;
Robert Weiss, attorney at law, 240 Wo Bad!I to, Covlna,
stated that Planning Director Chivet+a had repeatedly
stated that Mro Frykberg had control of these properties,
insofar as what he had designated on Figure 3 as the two
lo+So Mro Weiss acknowledged that Mr. Frykberg had control
of the property to the rear but on the other property, the
title Is vested In Mr. and Mrso Perez and others.
Planning Director Chlvetta stated that this was exactly
correct and Mr. and Mrso Perez were also a part of the
appiication.
Mr. Weiss stated that Mr. Chivetta had pointed out what he
believed the situation to be, however, Mro Weiss did not
think he had stated the facts exactly as they were and
suggested that Mr» Frykberg clarify the situation.
TESTIMONY WAS GIVEN bys
Paul Eo Frykberg, 4056 Vineland Avenue, stated that he had
answered an ad for property for sale by Delaney Realty,
which is now the Perez's home; that at that time they talked
about the property in back, which was rented, and whether it
could be purchasedo Mr, Frykberg stated that he bought the
two pieces of property with two distinct different loans,
both from the Colonial Claremont Savings; that when he
wanted to fence the rear property he found out that the
houses were encroaching on the next door property; that the
title company said they would try to buy enough property to
clear this groundo Mro Frykberg stated that at the time he
did not know this was in violation; that he bought the piece
of property from Mr, Train for $5,800; that a party by the
name of Frenchy or Francy then bought a piece of property
which left him with 160 feet; that he could then move the
line over and this gave him about eighteen feet to each house;
that this made two parcels and he put them up for sale. He
stated that Mro Perez bought one piece of property and when
Mr. Perez went to take out a permit for a garage he found the
property was not properly divided, and he felt he had a real
hardshipo
In answer to Mayor McCaron's question, he stated that he had
a twenty"foot easement over the front property and that the
first three parcels on the front half had a private owner.
Mayor McCaron stated that it appeared that this property had
been developed as R-i property with five separate lots.
Originally, from the plot lines, it looked like it was
developed as one parcel with houses placed right over whatever
Iines they hado
PUBJJC HEARING
APPEAL PAUL FRYKBERG
DENYING CREATION TWO
SUBSTANDARD INTERIOR
LOTS, R-5 ZONE, PM 765
ZV-215)
POSTING
TESTIMONY
ROBERT WEISS, ATTORNEY
240 W. BADILLO, COVINA
TESTIMONY
PAUL E. FRYKBERG
4056 VINELAND AVE.
Continued)
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1969 10 01 CC MIN (Ìì Û ±pe0004224
Regular Meeting of the Baldwin Park Ci+y Council October I, 1969
Page 3
Mr<, Frykberg further stated that this particular property in TESTIMONY
the backp 160 feet,, would not be large enough to develop as
an R-5 in Itself and that he did not think the property in
front, 60 fee+p was large enough to be considered an R-l lot
either,,
Ir answer to Counclfman Hamilton's question as to the number of
lot lines involved. Mayor McCaron explained that Mr. Frykberg
wanted to add another one and split the rear parcel; that he
had moved one fine over, illegally, and now wanted to be able
to split that so that he could sell the one parcel; that from
three lots he was creating two and putting a portion of it
over into the second lot,
Mr. Weiss stated that, as he saw it, they started out with
five lots or metes and bounds parcels with a random development
and now they had four parcels; that in effect there had been a
lot line moved and they were now suggesting the movement of one
line for the purpose of alleviating a hardshipo
Planning Director Chivet+a stated that an important point was
being overlooked; that when these lots were created back in 1953,
by moving the houses in? the UBC plus our own codes In 1956,
stated that a combination of those three parcels created one
large parcel and there were no longer three parcels even though
one could not erase the lot Iineso
Mr. Weiss stated that this was truep however^ they were still
capable of conveyance and were conveyed; that this had created
a difficult situation which he felt should be cleared upo
Mayor McCaron stated that if the Council were to allow the
partition of this entire property Into separate parcels, the
City would have an R-f development with standards that the
City does not allow today; that the only thing a person could
do with a parcel like this in R-l would be to have two buildings
on the lot that would have to remain under one ownership; that
in the future this property would have to be combined into one
lot before it could be developed as R-5 property., He stated
that three owners have claim to the property and the original
owner should not have sold any of It; that it was not good
planning on the part of the City to accept these things in order
to alleviate hardships that have been created by the original
owners of the property^
Mr,, Weiss stated, when one looks at extraordinary circum-
stances in trying to apply the applicable conditions to see
whether or not variances and changes should be granted, you do
look to the hardships and that ss exactly what we have, because
there is really no other way of resolving it short of extensive
litagation that may virtually end up demolishing financially, if
not physically? the property as we have ito"
City Attorney Flandrick pointed out that the Council was not
In a position to decide whether or not Mr,, Perez should receive
his money back or whether there should be a cancellation of the
arrangements made,, whatever they might be; that it is the concern
of Mr., Perez and Mr, Frykberg whether there is a civil action
between the partieso He listed three alternatives the Council haSo
Mayor McCaron stated that one alternative for the Council would
be to hold the hearing openo
Continued)
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1969 10 01 CC MIN (Ìì Û ±pe0004225
Regular Meeting of the Baldwin Park Ci+y Counci 969
October I,
Page 4
CI+y Attorney Flandrick stated that for the record It should
be noted that Mr, Perez had left the Council Chamber*
MR. PEREZ LEFT
COUNCIL CHAMBER
Discussion followed. DISCUSSION
Councilman Morehead, Gregory and Adair concurred with the
recommendation of the Planning Commission.
Planning Director Chive+ta, speaking for the Staff, stated
that there would be no objection to creating what was shown
on Figure 2, and that the applicant could then readjust the
property line to reflect the same.
City Attorney Flandrick stated that In view of the fact the
Commission had granted the variance. If the lot split situation
is straightened out, Mr. Perez or Mr. Frykberg could. If they
wished, build a single family garage unit; that this would be
permitted under the zone variance providing It otherwise meets
the code.
As there was no one else in the audience desiring to
speak either In behalf of or in opposition to the appeal
by Paul E. Frykberg, PM 765, ZV-215, Mayor McCaron declared
the public hearing closed.
PUBLIC HEARING
DECLARED CLOSED
City Attorney Flandrick outlined the alternatives for the
Council: 1) Take the matter under submission with the hope
that the parties are able to settle their differences; 2) Deny
the application as made, permitting five lots subject to the
effect that the building code regulations would have with
regard to the fact that buildings overlap lot lines; 3) Approve
Figure 2, the one which is consistent with the Commission's
action, which would have the effect of leaving the front two
lots as they stand, recognizing the boundary line adjustment as
indicated by the title company, so that the total parcel would
have three lots, the rear lot having two single family structures
located on it; or 4) Approve Figure No. 5, which in effect is
what the applicant has requested.
COUNCILMAN MOREHEAD MOVED THAT THE COUNCIL APPROVE PARCEL
MAP 765 PROVIDED THAT THE SAME BE MODIFIED TO DELETE THE LOT
LINE SHOWN ON THE PARCEL MAP AS BEING APPROXIMATELY MID-WAY
BETWEEN THE TWO LOT LINES, FRONT AND REAR, SO AS TO HAVE THE
EFFECT OP CREATING A SINGLE LOT IN THE REAR OF APPROXIMATELY
160.87 FEET IN DEPTH AND 88 FEET IN WIDTH, AND BE IN COM-
PLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE. COUNCIL-
MAN GREGORY SECONDED.
City Attorney Flandrick stated that he would assume, with
the facts as he knew them as related by Mr. Perez and
Mr. Frykberg, it would probably mean that there would be a
valid basis for rescission of the land sale contract or what-
ever arrangement they had made, as he assumed that Mr. Perez
would not now be getting what he originally had purchased.
Mr. Weiss requested that the public hearing be reopened
briefly, but he was informed by Counsel that, since one of
the applicants had left, there was a problem of Invalidating
the proceedings and he recommended against reopening the
hear!ng»
Continued)
APPROVE PM 765
PROVIDED MODIFIED
AND IN COMPLIANCE
WITH ALL APPLICABLE
PROVISIONS OF CODE
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1969 10 01 CC MIN (Ìì Û ±pe0004226
Regular Meeting of the Baldwin Park City Council 1969
October
Page 5
I
Mr, Weiss commented that he wondered whether the Council in
good conscience, without thoroughly understanding this matter,
could In fact vote on it; that he thought it might be best to
put it over,
COUNCILMAN MOREHEAD MOVED THAT, WITH THE PERMISSION OF THE
SECOND, HE WOULD WITHDRAW HIS MAIN MOTION AND HE MOVED TO
CONTINUE THE CASE UNTIL NOVEMBER 5, 1969. COUNCIL-
MAN GREGORY SECONDED. There were no objections, the motion
carried and was so ordered.
MOTION TO APPROVE
PM 765 WITHDRAWN
MOVE TO"CONTINUE
THE CASE
TO I I/5/69
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1+ was the time and place fixed for a public hearing on
69-S-51, a Short Form 19)1 Act on the Northwest side of
Baldwin Park Boulevard between Kenmore Avenue and Monterey
Avenue for sidewalk and drive approach.
Proper postings and mailings had been accornplishedo
There were no written protests.
It was the time and place fixed for a public hearing on
69-S-52, a Short Form 1911 Act on the Northwest side of
Vine I and Avenue between Channing Street and Merced Avenue
for sidewalk and drive approach.
Proper postings and mailings had been accornpl ishedo
There were no written protests.
As there was no one in the audience desiring to speak
either in behalf of or in opposition to 69-S-51 and
69-S-52, Mayor McCaron declared the public hearing closed.
RESOLUTION NO. 69-171 ORDERING THE CONSTRUCTION
OF CERTAIN IMPROVEMENTS PURSUANT TO SECTION 5870
ET SEQo, OF THE STREETS AND HIGHWAYS CODE.
PUBLIC HEARING
SHORT FORM 191 I ACT
69-S-51 S&DA)
POSTINGS, MAILINGS
NO WRITTEN PROTESTS
PUBLIC HEARING
SHORT FORM 1911 ACT
69-S-52 S&DA)
POSTINGS, MAILINGS
NO WRITTEN PROTESTS
PUBLIC HEARING
DECLARED CLOSED
69-S-51 & 69-S-52
RES. NO. 69-171
ORDERING CONSTRo
Assistant City Engineer Gordon stated that in Section I c) SECT. c)
the word no" should be inserted. WORD NO"
COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 69-171 BE
ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN
ADAIR SECONDED*. There were no objections, the motion
carried and was so ordered.
RES. NO. 69-17
ADOPTED
4
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It was the time and place fixed for a public hearing on
69-N-51, to determine whether certain premises and
buildings and structures constitute a public nuisance
at 5464 and 5510 Maine Avenue-
Assistant CI+y Engineer Gordon presented photographs.
TESTIMONY WAS GIVEN by:
Gus Nesse+h, California Property Brokers, 14022 Ramona Blvd.,
stated that they were In the process of purchasing this
property from Mr» Morgan and in getting the bids to eliminate
the problem; that they would like at least thirty days to
clean up the entire property,
PUBLIC HEARING
P.N. 69-N-51
5464 & 5510 MAINE
TEST IMONY
GUS NESSETH,CALIF.
PROPERTY BROKERS,
14022 RAMONA BLVD.
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1969 10 01 CC MIN (Ìì Û ±pe0004227
Regular Meeting of the Baldwin Park CI+y CouncI 1969
October
Page 6
As there was no one else in the audience desiring to speak
either in behalf of or in opposition to 69-N-51, Mayor
McCaron declared the public hearing closed.
RESOLUTION NO. 69-177 FINDING AND DETERMINING
THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING
THE SAME ABATED 69-N-51)
Assistant City Engineer Gordon stated that in Section 2
a time limit of 50 days" should be insertedi
COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 69-177 BE
ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN
HAMILTON SECONDED. There were no objections, the motion
carried and was so ordered.
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1+ was the time and place fixed for a public hearing on
69-N-52, to determine whether certain premises and
buildings and structures constitute a public nuisance
at 5023 Wes+cott Avenue.
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 69-N-52, Mayor
McCaron declared the public hearing closed.
RESOLUTION NO. 69-178 FINDING AND DETERMINING
THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING
THE SAME ABATED 69-N-52)
Assistant City Engineer Gordon stated that in Section 2
a time limit of 60 days" should be Inserted.
COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO, 69-178 BE
ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN
GREGORY 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
69-N-55, to determine whether certain premises and
buildings and structures constitute a public nuisance
at 1402 and 1402-1/2 Virginia Avenue.
Proper postings and mailings had been accomplished.
Assistant City Engineer Gordon stated that a letter was
received from Henry Redeker, Attorney at Law, I 1428 Lower
Azusa Road, El Monte, who owns a second trust deed and
part of a third trust deed on the property. Copy of
letter in official files.) Mr. Gordon stated that Mr,
Redeker had indicated to him that the owner Is now pro-
ceeding to repair the property and bring it up to code;
that if the owner falls to do so Mr. Redeker would like
to take over the property and do so himself. He presented
photographs of the property.
00-
PUBLIC HEARING
DECLARED CLOSED
69-N-5I
RES. NO. 69-177
ORDERING ABATEMENT
69-N-51)
50 DAYS TO ABATE
RES. NO. 69-177
ADOPTED
PUBLIC HEARING
P.N. 6^'-^
5023 WESTCOTT AVE.
POSTINGS, MAILINGS
NO WRITTEN PROTESTS
PUBLIC HEARING
DECLARED CLOSED
69-N-52
RES. NO. 69-178
ORDERING ABATEMENT
69-N-52)
60 DAYS TO ABATE
RES. NO. 69-178
ADOPTED
PUBLIC HEARING
P.N. 69-N-55
1402 & 1402-1/2
VIRGINIA AVENUE
POSTINGS, MAILINGS
LETTER-HENRY REDEKER,
ATTORNEY,I I 428 LOWER
AZUSA RD., EL MONTE
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1969 10 01 CC MIN (Ìì Û ± pe0004228
Regular Meeting of the Baldwin Park Ci+y Counci
October I, 1969
Page 7
City Attorney Flandrick suggested that if this were deter-
mined a public nuisance, a sufficient time be set to allow
the necessary abatement. He stated that he would not recom-
mend that the Council authorize Mr. Redeker to do anything.
TESTIMONY WAS GIVEN by:
Robert Funk, 2400 Swanay Drive, Alhambra, owner of the
property, stated that he had commenced repair on 1402
Virginia; that he would like ninety days to repair because
he wanted to go into it in depth and he is doing most of the
work himself; that he could complete the repair of 1402 in
ninety days but he would like an additional ninety days on
1402-f/2; that his money was very limited,
City Attorney Flandrick stated that if the Council were to
determine this property a public nuisance, they might require
that Mr. Funk bring the structure at 1402 Virginia up to code
or demolish within ninety days and, within that same period
of time, bring the structure at 1402-1/2 Virginia up to the
provisions of the code or secure the same and no occupancy
be permitted until he does bring it up to code,
As there was no one else in the audience desiring to speak
either in behalf of or in opposition to 69-N-53, Mayor
McCaron declared the public hearing closed,
RESOLUTION NO. 69-179 FINDING AND DETERMINING THE
EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE
SAME ABATED 69-N-55)
Assistant City Engineer Gordon stated that in Section 2
a time limit of 90 days" should be inserted.
City Attorney Flandrick stated that Item No. 2 of the Staff
Report should be amended to read, Bring up to code all
building violations in 1402-1/2 Virginia or secure the same."
COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 69-179 BE
ADOPTED. COUNCILMAN GREGORY SECONDED. There were no
objections, the motion carried and was so ordered.
00-
PUBLIC HEARING
P.N.
69-N-55
TESTIMONY
ROBERT FUNK
2400 SWANAY DR.
ALHAMBRA
PUBLIC HEARING
DECLARED CLOSED
69-N-55
RES. NO. 69-179
ORDERING ABATEMENT
69-N-55)
90 DAYS TO ABATE
ITEM 2, STAFF REPORT
AMENDED
RES. NO. 69-179
ADOPTED
It was the time and place fixed for a public hearing on an
appeal of a denial by the Planning Commission resolution
PC69-42 on CP-128, Application for a CUP pursuant to Section
9472, subsection 16, of the Baldwin Park Zoning Ordinance IN R-
No, 557. to allow the construction and use of a rest home
in the R-l single family residential) Zone, upon property
located at 5914 Vineland Aveo, in the City of Baldwin Park,
County of Los Angeles, State of Califo Applicant M, & L. Janssen.
PUBLIC HEARING CP-128
APPEAL PC69-42
CUP TO ALLOW REST HOME
I, 5914 VINELAND
MARY & LOUIS JANSSEN
Proper publications, postings and mailings had been
accornplished.
A letter was received from Louis and Mary Janssen, 5914
Vineland, stating their reasons for appealing the Commis-
sion's denial and requesting a chance to tell their side.
Copy of letter in official files.)
Planning Director Chivetta reviewed his report. He stated
that Mr. and Mrs. Janssen did not give their testimony at
the Planning Commission meeting as they were unaware of the
procedure to I I owedo
Continued)
PUBLICATIONS, POSTINGS
AND MAILINGS
LETTER
LOUIS & MARY JANSSEN
5914 VINELAND
RESUME
BIB]
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1969 10 01 CC MIN (Ìì Û ±
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Regular Meeting of the Baldwin Park Ci+y Council 1969
October
Page 8
TESTIMONY IN FAVOR WAS GIVEN by: TESTIMONY IN FAVOR
Mil+on Hadley, Attorney at Law? Baldwin Park, representing
Mr. and Mrs. Janssen, stated that at the time of the Plan-
ning Commission meeting there was some question as to the
adequacy of parking; that it was not known by one member
of the Commission that there was a large area to the rear
which could completely be utilized for parking; that this was
one of the factors that the Planning Commissioner had relied
upon In denying the CUP as requested« He stated that this
property is approximately one acre In size with a total front-
age of 88 feet and a depth of 550 feet; that the-taxes total
$850.00 for the total parcel in two separate tax bills, that
it is a hardship on the owners of this property if they are
unable to utilize it to the fullest advantage. He stated
that Mr. and Mrs, Janssen wished to provide a facllt+y where
old people could live and receive expert care; that the
Janssen's have enough room approximately 3100 squane feet
combined in the two improvements, to have a license for
fifteen people, maximum capacity; that they would have to
comply with City and County regulations and the fire regulations.
He further stated that there are approximately four rest
homes on VI net and; that the nearest rest home on Pacific
Avenue was not too far from the Janssen location; that this
would not change the character of the area. He pointed out
that this CUP request Is not objectionable to the adjacent
property owners; that to use the property for this rest home
would eliminate a hardship for the Janssens. Mr. Hadley
presented three neighbors of the Janssens who testified that
they did not feel the rest home would be detrimental to their
property if it were allowed. The neighbors were Mrs. Oleslager,
14624 Elstead Street, Mr., Robert Hall, 5919 VIneland Avenue and
Mr. Louis Guzman, 3915 VIneland.
MILTON HADLEY
ATTORNEY
In answer to Councilman Morehead's question regarding whether
the Janssens intended to reside in the residence, Mrs. Janssen
stated that they did not; that they intended to use the whole
property for the rest home.
Planning Director Chive+ta stated that within the last two
years a CUP had been granted in an R-l Zone but this was in
an area where there was a grouping of rest homes.
Discussion followed.
Mayor McCaron stated that the best thing to do would be to
hold the hearing open and have the Planning Director report
the conditions to be required If this CUP were approved to
the Councilo There were no objections,
00-
l+ was the time and place fixed for a public hearing on an
appeal of a denial by the Planning Commission Resolution
PC69-45 on ZV-216, Application for a Zone Variance to vary
with the Baldwin Park Zoning Ordinance No. 557, Section 9522,
subsection I, a, c, Discontinuance of a nonconforming use
for a period of 6 months or more," to allow the use of single
family residential structures In the R-5 heavy multiple
residential) Zone upon property at 1582 Maine Avenue, in the
City of Baldwin Park, County of Los Angeles, State of Calif-
ornia., Applicant; Vincent and Helen Arnerich.
Continued)
DISCUSSION
PUBLIC HEARING
CP-128, HELD 0
PLANNING DR.
TO MAKE REPORT
28, HELD OPEN
PUBLIC HEARING
APPEAL PC69-45
DENYING ZV-216
ZONE VARIANCE TO
CONT. NONCONFORM.USE
1582 MAINE AVE.
VINCENT & HELEN
ARNERICH
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1969 10 01 CC MIN (Ìì Û ± pe0004230
Regular Meeting of the Baldwin Park Ci+y Counci
October I, 1969
Page 9
Proper publishing, posting and mailing had been accompIished*
Planning Director Chivetta reviewed his report,
There were no written protes+So
TESTIMONY IN FAVOR WAS GIVEN by;
PUBLISHING, POSTING,
MAILING
RESUME
NO WRITTEN PROTESTS
TESTIMONY IN FAVOR
Vincent G» Arnerlchp 659 So Spring Street, Los Angeles, owner VINCENT ARNERICH
of the property, stated that his file was in the possession of 659 S. SPRING, L.A«
Mr, Shumanp who was to have been at the meeting this evening
and testify for him. He requested that the public hearing
be held over to the next Council meeting.,
Mayor McCaron stated that this case would be held over to
October 15, 1969o There were no objections..
00-
A letter requesting a six-month time extension on Assessment
District 69-S-6 from Edwin Eiko, 15057 Bess Avenue, was
presen+edo Copy of letter in official fileSo)
PUBLIC HEARING 7v-216
CONT'D. TO 10/15/69
LETTER EDWIN
15057 Bess, REQ.
TIME EXTENSION
69-S-6.-
ELKO
6 MO.
It was the recommendation of the City Engineer that if the
City Council granted the six-month delay, that no further
delay be granted as Mr^ Eiko was granted a six-month delay
when the district was approvedo
COUNCILMAN MOREHEAD MOVED THAT MR, ELKO'S REQUEST FOR A
SIX-MONTH TIME EXTENSION BE GRANTED AND THAT NO FURTHER
DELAY BE GRANTEDo COUNCILMAN ADAIR SECONDED, There were
no objections, the motion carried and was so ordered.
00-
City Clerk Balkus presented a claim against the City from
Donald E, Cole, 19554 Ranch Creek Road, Covtna, for damage
to his concrete block watt on his property at 14311 Cast
Merced Avenue*.
COUNCILMAN GREGORY MOVED THAT THE CLAIM BE DENIED AND BE
REFERRED TO THE INSURANCE CARRIER- COUNCILMAN MOREHEAD
SECONDED,, There wer-e no objections, the motion carried and
was so orderedo
TIME EXTENSION OF
6 MO. GRANTED
NO FURTHER DELAY
CLAIM AGAINST CITY
DONALD E. COLE
PROPERTY DAMAGE
CLAIM DENIED &
REF'D.TO INS, CARRIER
Cf+y Clerk Balkus presented
Mr, and Mrso J^ Co S+revel 1
for car damages due to road
approximately $145o00o
00-
a claim against the City from
4920-1/2 Elizabeth Street.
construction, in the amount of
COUNCILMAN HAMILTON MOVED THAT THE CLAIM BE DENIED AND
REFERRED TO THE INSURANCE CARRlERo COUNCILMAN MOREHEAD
SECONDED, There were no objections, the motion carried
and was so orderedo
TESTIMONY WAS GIVEN by^
CLAIM AGAINST CITY
MR• & MRS• J• C•
STREVELL, 4920-1/2
ELIZABETH CAR DAMAGE
CLAIM DENIED & REF'D.
TO INS. CARRIER
TESTIMONY
Continued)
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1969 10 01 CC MIN (Ìì Û ±
1969 10 01 CC MIN (Ìì Û ±
pe0004232
Regular Meeting of the Baldwin Park CI+y CouncI
October I, 1969
Page 11
CounciIman Morehead brought up the fact that
had not gone ahead with Councilman Gregory's
to appoint a Citizens' Committee to appraise
of the need for a new Civic Center,.
the CounciI
recommendation
the citizens
ARCH. AGREEMENT
Councilman Gregory suggested that if the past minutes, contain-
ing a discussion of having such a committee, were to be given
to the Council it would refresh them as to the need.
Mayor McCaron stated that if the committee were to be a
liason between the City Hall and the citizens, to consider the
need of an adequate Civic Center and to make recommendations
as to those needs, then Councilman Gregory should update her
program for such a committee and bring It before the Council.
00-
Chief Administrative Officer Nordby reviewed his report re-
garding the waiver of forma) bid procedure for police radios.
He stated that the bidding procedure had not been completely
watved inasmuch as quotations had been received from as many
as would quote on the particular modelo He stated that the
best proposal was submitted by Mobile Radio, Inc., of Santa Fe
Springs/ in the sum of $3,830.40. He recommended that this
proposal be acceptedo
CAO REPORT RE:
WAIVER FORMAL
B^D PROCEDUW-
POLICE RADIOS
COUNCILMAN
SPRINGS BE
IN THE SUM
There were
MOREHEAD MOVED THAT MOBILE RADIO, INC., OF SANTA FE CONTRACT AWARD MOBILE
AWARDED THE CONTRACT FOR FOUR MOBILE RADIO UNITS RADIO, INC.. SANTA FE
OF $5,850.40. COUNCILMAN HAMILTON SECONDED. Re 11 Call SPRINGS, $3,830.40
no objections, the motion carried and was so ordered.
00-
Chlef Administrative Officer Nordbv reviewed his report re^
gardlnQthe purchasing of six 6) patrol units for the
roiice Department. He stated that at the time the City was
to advertise for bids, a contact had been made with the State
of California; that the State goes out twice a year for bids
for this kind of a unit; that the City had given Its intent
and that passage of Resolution No. 69-176 would confirm the
City's participation with the State of California; that a better
price can be obtained through this Joint venture.
RESOLUTION NOo 69-176 REQUESTING PARTICIPATION W^TH
THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS
RES. NO. 69-176
REQ. PARTICIPATION
STATE OF CALIF.
PURCHASE CERTAIN
ITEMS
RES. NO. 69-176
ADOPTED
COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO, 69-176 BE
APPROVED AND THAT FURTHER READING BE WAIVED, COUNCILMAN
ADAIR SECONDEDo There were no objections,, the motion carried
and was so ordered,
CAO REPORT REs
PURCHASE OF 6
PATROL UNITS FOR
POLICE DEPT.
00-
Chief Administrative Officer Nordby stated that he had
requested and received approval for leave from October 6
through October 24c
00-
CAO LEAVE GRANTED
10/6/69 10/24/69
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1969 10 01 CC MIN (Ìì Û ±pe0004233
Regular Meeting of the Baldwin Park Ci+y Council 1969
October I,
Page 12
Assistant City Engineer Gordon reviewed his report on the
Initiation of Short Form 1911 Act; 69-S-33, northwest side
of Big Dal+on Avenue between Clydewood Avenue and S+ockdale
Street for sidewalks and drive approach. He stated that
the City had received a petition from the property owners
requesting these improvements and that the sidewalks be put
adjacent to curbo
RESOLUTION NOo 69-172 DECLARING ITS INTENTION TO
CAUSE CONSTRUCTION OF CERTAIN I MPROVEMEl^TS PURSUANT
TO THE PROVISIONS OF SECTION 5870 p ET SEQ.p OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA
69-S-33)
COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 69-172 BE
ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN
HAMILTON SECONDED, There were no objections, the motion
carried and was so orderedo
INITIATION OF SHORT
SHORT FORM 191 I ACT
69-S-33 S&DA)
RES. NO. 69-172
DECLARING INTENT
TO CAUSE CONSTRo
69-S-55
P,H. NOV. 5, 1969
RES. NO. 69-172
ADOPTED
00-
Assis+ant City Engineer Gordon reviewed his report on the
initiation of Short Form 1911 Act; 69-S-54. southeast side
of Depot Avenue between Pacific Avenue and the southwesterly
terminus of Depot Avenue for curb and gutter. He stated
50( of the improvements were in or guaranteed at this time,
RESOLUTION NOo 69-175 DECLARING ITS INTENTION TO
CAUSE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT
TO THE PROVISIONS OF SECTION 5870, ET SEQ.p OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA
69-S-34)
COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 69-175 BE
ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN
GREGORY SECONDED, There were no objections, the motion
carried and was so ordered,
00-
I NIT. OF SHORT FORM
1911 ACT
69-S-34 C&G)
RES. NO. 69-173
DECLARING INTENT
TO CAUSE CONSTR.
69-S-34 C&G)
P.H. NOV. 5, 1969
RES. NO. 69-173
ADOPTED
Assistant City Engineer Gordon reviewed his report on the INITIATION OF SHORT
initiation of Short Form 1911 Act; 69-S-35, north side of FORM 1911 ACT
Calais Street between Landis Avenue and Baldwin Park Boulevard 69-S-35 S&DA)
for sidewalk and drive approach. He stated a petition had
been received requesting the improvements and that sidewalks
be placed adjacent to curbso
RESOLUTION NOo 69-175 DECLARING ITS INTENTION TO
CAUSE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT
TO THE PROVISIONS OF SECTION 5870p ETo SEQ., OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA
69-S-35)
MOVED THAT RESOLUTION NOo 69-175 BE ADOPTED
READING BE WAlVEDo COUNCILMAN GREGORY
were no objections? the motion carried and
COUNCILMAN ADAIR
AND THAT FURTHER
SECONDED. There
was so ordered o
00-
RES. NO. 69-175
DECLARING INTENT
TO CAUSE CONSTR.
69-S-55)
P.H. NOV. 5, 1969
RES. NO. 69-175
ADOPTED
Assis+ant City Engineer Gordon presented a report of work
completed on 69-N-9? 83652 Palm Avenue^ 69-N-lOp 13636 Palm
Avenue and 69"N-i7i, 444Q North Maine Avenue.
Continued)
REPORT OF WORK COMPL.
69-N-9, 69-N-IO &
69-N-17
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1969 10 01 CC MIN (Ìì Û ±pe0004234
Regular Meeting of the Baldwin Park City Counci 1969
October
Page 15
RESOLUTION NO. 69-180 SETTING A HEARING DATE FOR ANY RES. NO. 69-180 SET
PROTESTS OR OBJECTIONS TO THE REPORT OF THE CHIEF ADMIN- COST HEARING: 69-N-9,
ISTRATIVE OFFICER ON WORK COMPLETED UNDER SECTION 5000 69-N-IO & 69-N-17
ET SEQ., OF THE MUNICIPAL CODE OF THE CITY OF BALDWIN
PARK 69-N-9, 10 17)
COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 69-180 BE ADOPTED RES. NO. 69-180
AND THAT FURTHER READING BE WAIVED. COUNCILMAN ADAIR SECONDED. ADOPTED
There were no objections, the motion carried and was so ordered.
00-
Assis+ant City Engineer Gordon reviewed his report on the
initiation of Public Nuisance Case Nos. 69-A-12, 15518 Rocken-
bach Street and 69-A-14, 5457 May I and Street
RESOLUTION NO. 69-181 SETTING A TIME AND PLACE FOR A
HEARING TO DETERMINE WHETHER CERTAIN VEHICLES CONSTI-
TUTE A PUBLIC NUISANCE 69-A-12, 69-A-14)
MOVED THAT RESOLUTION NO. 69-181 BE ADOPTED
READING BE WAIVED. COUNCILMAN MOREHEAD
were no objections, the motion carried and
COUNCILMAN ADAIR
AND THAT FURTHER
SECONDED. There
was so ordered.
00-
Ci+y Clerk Balkus read by title:
INITIATION OF P.N.
69-A-12 & 69-A-14
RES. NO. 69-181 SET
HEARING DETERMINE
WHETHER P.N.
P.H. NOV. 5, 1969
RES NO. 69-181
ADOPTED
ORDINANCE NO. 555 AMENDING THE BALDWIN PARK MUNICIPAL
CODE WITH REFERENCE TO THE POSITION OF CITY MANAGER
ORD NO. 555 AMEND BPMC
REF»POS1TION OF C.MGR.
FURTHER READING ORD
NO. 555 WAIVED
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 ordered.
COUNCILMAN GREGORY MOVED THAT ORDINANCE NO. 555 BE ADOPTED.
COUNCILMAN MOREHEAD SECONDED. There were no objections, the
motion carried and was so ordered.
ORD NO. 555 ADOPTED
00-
Councllman Hamilton stated that a tetter had been received from LTR FROM PARK BOARD
the Park Board regarding the name for the Big Dalton Wash park RE: PARK NAME
area. Two names suggested were Central Park West and Central
Park.
00-
COUNCILMAN HAMILTON MOVED THAT THE BIG DALTON WASH PARK AREA BIG DALTON WASH PK.
BE NAMED CENTRAL PARK WEST^ COUNCILMAN GREGORY SECONDED. AREA NAMED CENTRAL
There were no objections, the motion carried and was so ordered PARK WEST"
AT 9:55 P.M. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL
ADJOURN. COUNCILMAN HAMILTON SECONDED. There were no objec-
tions, the motion carried and was so ordered.
00-
ADJ. AT 9:55 P.M.
u^L^
S^ssj^f^
THElMA L. BA'LkuS
APPROVED: October 15 1969
Date of Distribution to City Counci
Date of Distribution to Departments
October 10
October 10
1969
1969
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