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HomeMy WebLinkAbout1970 12 02 CC MIN1970 12 02 CC MIN(ÌìÝÝpeINDEX DECEMBER 2, 1970 Page Minutes 11/18/70 Approved as Corrected 1 Res. No. 70-281 Claims & Demands Adopted 1 70-C-8 1 Res. No. 70-282 70-C-8) Adopted 2 70-S-48. 70-S-49 & 70-S-50 2 70-S-51, 70-S-52 & 70-S-53 3 Res. No. 70-277 70-S-48, 49, 50, 51, 52 & 53) Adopted 3 70-C-12 3 Res. No. 70-283 70-C-12) Adopted 4 Res. No. 70-284 70-C-13) Adopted 4 70-C-14 4 Res. No. 70-285 70-C-14) Adopted 5 ZV-231 Testimony Ronald Sanderson 5 ZV-231 Testimony Robert Glenn 6 Res. No. 70-286 Approving Zone Variance ZV-231) Adopted 6 Z-329 6 Petition in opposition to Z-329 7 Testimony in opposition James Garrow 7 Public hearing closed 7 Discussion re Z-329 7, 8, 9 & 10 Z-329 to be Rezoned to R-3, Second Reading of Ord. to be Held 10 CP-151 10 CP-151 Testimony Robert A. Wright Discussion 11 Res. No. 70-287 Approving Conditional Use Permit CP-151) Adopted 12 Enabling Ordinance re Franchises Cable T.V. 12 Ord. No. 580 Re Franchises) Introduced 13 Claim Adolph R. Frickel 13 Claim Marietta L. Miller 13 Request for refund on TUP for the sale of Xmas Trees At Boyd Approved 13 Bid Procedure waived on Play Equipment Don Renner Co. 13 Discussion re attendance of Satellite Parks 14 Res. No. 70-288 REQUESTING THE BOARD OF DIRECTORS OF THE LOS ANGELES COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES, TO SET ASIDE ACTION TAKEN ON NOVEMBER 5. 1970, APPROVING REPORT OF THE URBAN PROBLEMS COMMITTEE ENTITLED CHANGING ROLES FOR CITIES," AND TO PLACE THE MATTER ON A FUTURE AGENDA FOR FURTHER DISCUSSION Res. No. 70-288 Adopted 15 Fire Department designated as Authority for issuing permits relating to explosives 15 Res. No. 70-278 70-S-55) Adopted 15 Res. No. 70-279 70-S-56) Adopted 15 Re?. No. 70-280 70-S-57, 58, 59 & 60) Adopted 16 Res. No. 70-289 70-N-102) Adopted 16 Res. No. 70-290 70-A-61) Adopted 16 Topics Funds Consultant Robert Crommetin & Associates Approved 16 Res. No. 70-291 ESTABLISHING CERTAIN VEHICULAR TRAFFIC RESTRICTIONS North side of Garvey between Vineland & Big Dalton Wash 17 Joint Powers Agreement with Irwindale for the Improvement of Los Angeles Street Approved 17 Ord. No. 505 Z-299 Part 2) Adopted 17 Ord. No. 578 AZC-45) Adopted 18 Proposed Amendments to Personnel Rules to be drafted and set for Public Hearing 18 BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝpeI N D E X DECEMBER 2, 1970 Page 2 9 24 p.m. 5 Minute Recess 9 34 p.m. Reconvened Roll Call 9 35 p.m. Adjourned to Executive Session 12:04 a.m. Reconvened Roll Call 12:05 a.m. Adjourned BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝpeREGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBER) 14403 East Pacific Avenue 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 King led the salute to the flag. Roll Call: Present: COUNCILMEN BLEWETT, GREGORY. HAMILTON, KING AND MAYOR MCCARON DECEMBER 2, 1970 7:30 P.M. 0004644 FLAG SALUTE ROLL CALL Also Present: CITY MANAGER 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- COUNCILMAN GREGORY MOVED THAT THE MINUTES OF NOVEMBER 18, 1970 BE APPROVED AS CORRECTED page 1, last paragraph, 3rd line. the word develop" be changed to sell") AND THAT FURTHER READING BE WAIVED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- RESOLUTION NO. 70-281 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 70-281 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN BLEWETT SECONDED. Roil Call. There were no objections, The motion carried and was so ordered. 00- City Clerk Batkus administered the oath. 00- PUBLIC HEARINGS 7:30 p.m. having arrived, it was the time and place fixed for a public hearing on 70-C-8, to determine whether failure to construct certain street improvements at 3383 Barnes Avenue, constitutes a public nuisance. Proper postings and mailings had been accomplished. There were no written protests. City Engineer French stated that this Case was held over from November 18, 1970 meeting for a report from the Engineering Department regarding the percentage of improve- ments on the street. Mr. Alien Ketler had pleaded a monetary hardship. As there was no one in the audience desiring to speak either in behalf of or in opposition to 70-C-8, Mayor McCaron declared the public hearing closed. Continued) MINUTES OF NOVEMBER 18. 1970 APPROVED AS CORRECTED RES. NO. 70-281 CLAIMS & DEMANDS 1407 1463 PAYROLL PERIOD 11/1/70 11/15/70 RES. NO. 70-281 ADOPTED OATH PUBLIC HEARINGS 7:30 P.M. PUBLIC HEARING PUBLIC NUISANCE 70-C-8 POSTINGS, MAILINGS NO WRITTEN PROTESTS RESUME PUBLIC HEARING DECLARED CLOSED 70-C-8 BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝpe0004645 Regular Meeting of the Baldwin Park City Council RESOLUTION NO. 70-282 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 70-C-8) City Engineer French stated that under Section 2 a time limit of 30" days should be established. Mayor McCaron asked City Engineer French if it would be possible to have the curb and gutter put in now And the sidewalk completed at a later date. City Engineer French stated that City Council could order just the curb and gutter and the Engineering Department would c1os6 out the Building Permit and when future additional development occurred in the area to bring improvements over 50^, the Engineering Department would bring the matter back to Council for sidewalks. Mayor Mccaron stated that the program, as a whole, did not have too much longer to go before all curb, gutter and sidewalks would have to be completed and since a real hardship was indicated in this case he suggested that just the curb and gutter be required at this time. City Engineer French stated that under Section 1 d) the words curb and gutter as required by Section 8104" be inserted in place of improvements were required by Section 8104". COUNCILMAN KING MOVED THAT RESOLUTION NO. 70-282 BE ADOPTED AS CORRECTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN BLEWETT 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 70-S-48, a Short Form 1911 Act, on the East side of Athol Street between Fairgrove Street and Waco Street for sidewalk and drive approach. Proper postings and mailings had been accomplished. There were no written protests. As there was no one in the audience desiring to speak either in behalf of or in opposition to 70-S-48, Mayor McCaron declared the public hearing dosed. It was the time and place fixed for a public 70-S-49, a Short Form 1911 Act, on the North Street between Earl Avenue and Foster Avenue gutter. hearing on side of Athot for curb and 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 70-S-49, Mayor McCaron declared the public hearing closed. It was the time and place fixed for a public hearing on 70-S-50, a Short Form 1911 Act, on the Southwest side of Central Avenue between Depot Avenue and Vinet^nd Avenue for sidewalk and drive approach. Proper postings and mailings had been accomplished. There were no written protests. Continued) December 2, 1970 Page 2 RES. NO. 70-282 ORDER ABATEMENT 70-C-8 SECTION 2 30" DAYS TO ABATE SECTION 1 d) CURB & GUTTER AS REQUIRED BY SECTION 8104" RES. NO. 70-282 ADOPTED PUBLIC HEARING SHORT FORM 70-S-48 S&DA) POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED 70-S-48 PUBLIC HEARING SHORT FORM 70-S-49 C&G) POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED 70-S-49 PUBLIC HEARING SHORT FORM 70-S-50 S&DA) j POSTINGS, MAILINGS NO WRITTEN PROTESTS BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝpeRegular Meeting of the Baldwin Park City Council A$ there was no one in the audience desiring to speak either in behrilf of or in opposition to 70-S-50, Mayo'^ McCaron declared the public hearing closed. It was the time and place fixed for a public hearing on 70-S-51, a Short Form 1911 Act, on the South side of Olive Street between Center Street and Walnut Street for curb and gutter. 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 70-S-51, Mayor McCaron declared the public hearing dosed. It was the time and place fixed for a public hearing on 70-S-52, a Short Form 1911 Act, on the Northeast and Northwest side of Arditta Avenue between Dutch Street and the Southeasterly City Boundary for sidewalk and drive approach. Proper postings and mailings had been accomplished. There were no written protests. As there was no one in the audience desiring to speak either in behalf of or in opposition to 70-S-52, Mayor McCaron declared the public hearing dosed. It was the time and place fixed for a public hearing on 70-S-53, a Short Form 1911 Act, on the Southeast side of Foster Avenue between Athot Street and Ramona Boulevard for curb and gutter. 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 70-S-53, Mayor McCaron declared the public hearing closed. RESOLUTION NO. 70-277 ORDERING THE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO SECTION 5870 ET SEQ., OF THE STREETS AND HIGHWAYS CODE 70-S-48, 49, 50, 51, 52 & 53) City Engineer French stated that in Section 1 c) the word no" should be inserted. COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 70-277 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING 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 70-C-12, to determine whether failure to construct certain street improvements at 3109-11 Frazier Street, constitutes a public nuisance. Proper postings and mailings had been accomplished. There were no written protests. Continued) s-v^.r-WAO December 2, 1970 Page 3 PUBLIC HEARING DECLARED CLOSED 70-S-50 PUBLIC HEARING SHORT FORM 70-S-51 C&G) POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED 70-S-51 PUBLIC HEARING SHORT FORM 70-S-52 S&DA) POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED 70-S-52 PUBLIC HEARING SHORT FORM 70-S-53 C&G) POSTINGS. MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED 70-S-53 RES. NO. 70-277 ORDER CONSTRUCTION 70-S-48, 49, 50, 51, 52 & 53) SECTION I c) WORD NO" INSERTED RES. NO. 70-277 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 70-C-12 POSTINGS, MAILINGS NO WRITTEN PROTESTS BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝpeQ4G4^ Regular Meeting of the Batdwir Park City Council City Engineer French stated property owner, Mrs. Stager she wanted the City Council as possible. that he had spoken to the and she had indicated that to order the work as soon December 2, 1970 Page 4 RESUME As. there was no one in the audience desiring to speak either in behalf of or in opposition to 70-C-12, Mayor McCaron declared the public hearing dosed. PUBLIC HEARING DECLARED CLOSED 70-C-12 RES. NO. 70-283 ORDER ABATEMENT 70-C-12) SECTION 2 10" DAYS TO ABATE RES. NO. 70-283 ADOPTED RESOLUTION NO. 70-283 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 70-C-12) City Engineer French stated that in Section 2 a time limit of 10" days should be established. COUNCILMAN BLEWETT MOVED THAT RESOLUTION NO. 70-283 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN 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 70-C-13, to determine whether failure to construct certain street improvements at 4137 Railroad Avenue, constitutes a public nuisance. PUBLIC HEARING PUBLIC NUISANCE 70-C-13 Proper postings and mailings had been accomplished. There were no written protests. POSTINGS, MAILINGS NO WRITTEN PROTESTS RESUME City Engineer French stated that he had received a phone call from the owner, Mr. Frank Cottte and Mr. Cottle would be sending a check into the City to guarantee the improvement by Friday. As there was no one in the audience desiring to speak either PUBLIC HEARING in behalf of or in opposition to 70-C-13, Mayor McCaron DECLARED CLOSED declared the public hearing dosed. 70-C-13 RESOLUTION NO. 70-284 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 70-C-13) City Engineer French stated that in Section 2 a time limit of 30" days should be established. COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 70-284 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING 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 70-C-14, to determine whether failure to construct certain street improvements at 12735 St. James Place, constitutes a public nuisance. 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 70-C-14, Mayor McCaron declared the public hearing dosed. Continued) RES. NO. 70-284 ORDER ABATEMENT 70-C-13) SECTION 2 30" DAYS TO /'BATE RES. NO. 70-284 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 70-C-14 POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED 70-C-14 BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝpeRegular Meeting of the Baldwin Park City Council RESOLUTION NO. 70-285 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 70-C-14) City Engineer French stated that under Section 2 a time limit of 30" days should be established. COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 70-285 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- It was the time and place fixed for a public hearing oS ZV-231, an application for a Zone Variance to vary witn Ordinance No. 357, Section 9552, subsection 3 c) to encroach into the rear yard setback nine 9) feet in a R-1 single family residential) Zone on that certain real property located at 5031 Stewart Avenue in the City of Baldwin Park. Applicant Ronald Orman Sanderson. Proper publication, postings and mailings had been accomplished. There were no written protests. Planning Director Chivetta stated that the applicant was appealing the denial of the Planning Commission for the Variance request and their Resolution No. PC70-43. He stated that the property, at present, observes a 23" rear yard setback and the applicant was proposing a 12" addition to the rear of his structure, which would then leave an 11' rear yard. He stated that the 1964 code required a 15' rear yard and the present Municipal Code requires 20' in an R-1 Zone. He presented a map showing the property owners who had signed a petition, received by the Planning Commission, stating that the proposed addition to the Sanderson's property would not be detrimental to their property and that they concurred with the granting of the Zone variance. Planning Director Chivettd stated that the property was well-maintained, better than most in the area. He stated the applicant requested an additional room in his house for his growing family and his request was denied by the Planning Commission because he failed to justify a hardship. TESTIMONY IN FAVOR: Mr. Ronald Sanderson, 5031 Stewart Avenue, stated that Planning Commissioner McCord had stated that he did not need the extra room, but that Mr. McCord was under the impression he had only one child, whereas actually he had three children and one on the way. He stated that the property owners next to his property on the North side had added on a garage and apartment which brought their structures only 5* from his property line. He stated that they have a 4 bedroom house and 2-1/2 baths. His two daughters will soon be teen-agers and they need a family room for entertaining. Mayor McCaron asked Mr. Sanderson what the size of the new addition would be and Mr. Sanderson answered that it would be 12' X 25'6". Mayor McCaron stated that he thought there were some areas of development that started with the 15" and he asked Planning Director Chivetta why the code was changed. W0^©48 December 2, 1970 Page 5 RES. NO. 70-285 ORDER ABATEMENT 70-C-14) SECTION 2 30" DAYS TO ABATE RES. NO. 70-285 ADOPTED PUBLIC HEARING ZV-231 PUBLICATION. POSTINGS & MAILINGS NO WRITTEN PROTESTS RESUME TESTIMONY RONALD SANDERSON 5031 STEWART AVENUE Continued) BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝpe6^4649 Regular Meeting of the Baldwin Park City Council December 2, 1970 Page 6 Planning Director Chivetta answered that the basic reason for the change was to provide more open space around the structure, so you did not get the over-crowding on a small parcel of land. However, he stated there had been some drastic changing in development over the last 3 or 4 years and the Commission was now thinking very seriously of reviewing the code with the possibility of making some amendments to offer flexibility to development of property. He stated that if they provided more open space in one area, they could delete the space in another, which would be a compensating factor. Discussion followed that there would still be sufficient open area on the lot. DISCUSSION TESTIMONY ROBERT 6LENN 13932 SANDSTONE FURTHER TESTIMONY IN FAVOR: Mr. Robert Glenn, 13932 Sandstone, stated that Mr. Sanderson did take good care of his property; that the Sanderson's have no place to entertain and he could not see why the Variance should be denied. Councilman Blewett stated that he felt strongly that if Mr. Sanderson kept his property up and the neighbors do not object then he personalty felt the applicant should be granted the variance. As there was no one else in the audience desiring to speak PUBLIC HEARING either in behalf of or in opposition to ZV-231, Mayor McCaron DECLARED CLOSED declared the public hearing closed. ZV-231 RESOLUTION NO. 70-286 APPROVING A ZONE VARIANCE ON CERTAIN REAL PROPERTY LOCATION: 5031 STEWART AVENUE; APPLICANT: RONALD ORMAN SANDERSON; CASE NO. ZV-231) COUNCILMAN KING MOVED THAT RESOLUTION NO. 70-286 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- RES. NO. 70-286 APPROVE ZONE VARIANCE AT 5031 STEWART, APPLICANT RONALD ORMAN SANDERSON, ZV-231 RES. NO. 70-286 ADOPTED It was the time and place fixed for a public hearing on Case No. Z-329, a proposed redassification from R-1 single family residential) C-1 neighborhood commercial) and C-2 General commercial) Zones to an R-3 Heavy multiple residential) Zone on certain real property known as the Southern Pacific Railroad right-of-way located in and along Ramona Blvd. between Baldwin Park Blvd. on the East and th^ Westerly City boundary line in the City of Baldwin Park. This Case was initiated by the Baldwin Park Planning Commission. Commission. PUBLIC HEARING Z-329 Proper publications, postings and mailings had been a accomplished. Planning Director Chivetta stated that the Commission, on the 23rd day of October, at the request of the City Council conducted a public hearing to consider a redassification of the property known as the Southern Pacific Railroad right-of- way and after much consideration they rendered a decision on November 5, 1970 recommending approval of the redassification of certain properties owned by the Railroad from the present zoning, that of C-2 and R-1 to R-3 by their Resolution No. PC70-44. Planning Director Chivetta pointed out on a wait map the property in question. He stated the property was approximately 130' in width and contained some 15 acres. Continued) PUBLICATION, POSTINGS & MAILINGS RESUME BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝ peWWTOOU Regular Meeting of the Baldwin Park City Council December 2, 1970 Page 7 He stated, that at present there was a portion of this property that was already zoned R-3; that the Planning Commission had recommended to the City Council that the C-2 between Stewart and La Rica be red ass i tied as R--3 and that the remaining property in that area be reclassified from R-1 to R-3. He stated that at the public hearing of the Planning Commission 11 people protested the red assifi cation. TESTIMONY IN OPPOSITION: City Clerk Balkus read a petition, in opposition, which was received at 6:48 p.m., December 2, 1970, just prior to the City Council Meeting and signed by 11 property owners. Copy in official files.) TESTIMONY IN OPPOSITION Mr.. James Garrow, 1011 N. Baldwin Park Blvd., stated that he was In favor of this property being used as a Green Belt area with tawn and trees; that people who live in this area must use better logic concerning Green Belts and open spaces. He stated that he was in favor of the removal of the tracks in the Central business district and the rerouting of the streets, and that at a price of $6.00 per sq. foot, he did not feet the City needed to throw in any additional benefits at this or any other time, regarding multiple zoning. He stated that this property was given to the Southern Pacific, as a gift, by the land owners and when it was no longer used for electric trains, it should revert to the Citizens of Baldwin Park. He stated that the amount the Southern Pacific received should induce them to lease the balance of this property to the people who originally gave it to them, for a very nominal sum for 99 years for Green Belt purposes. He stated that the property owners, south of the freeway, on Baldwin Park Blvd. on both sides of the street donated a 40' strip of land for the widening of the Boulevard from Dalewood to the city limits. He stated that even figuring $1.50 a foot for commercial property, they gave about $200,000.00. Some of these property owners had only 108' frontage. Mr. Garrow stated that it was his understanding that when Ramona Blvd. was widened along the track, the railroad gave nothing and he asked why the Southern Pacific Railroad should receive special favors when they were getting cash top dollar and all small property owners abided by the dedication to the setbacks, which were made to improve the City. He stated that slightly over 50% of Baldwin Park's R-3 zone property was either vacant or not being used for its planned proper use. He stated that most of the people who live in Baldwin Park were trying to transform a good city into a great city and he asked City Council to deny the R-3 zoning on the property under discussion. As there was no one else in the audience desiring to speak either in behalf of or in opposition to Z-329, Mayor McCaron declared the public hearing dosed. Mayor McCaron asked about the parcels that were C-2 and C-1 and wanted to know why they were included in the R-3 development. Planning Director Chivetta answered that at the time of notice of the Public hearing the description was written to include all the areas in Ramona Blvd. to the West. All that was considered in the rezoning was the area from La Rica Westerly and the portion from La Rica Easterly to Baldwin Park Blvd. would be part of the street, a transition area, and there was no need to change that as it could not be utilized for anything except street purposes. Continued) TESTIMONY PETITION IN OPPOSITION TESTIMONY JAMES GARROW 1011 N. BALDWIN PARK BLVD. PUBLIC HEARING DECLARED CLOSED Z-329 BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝ pe04651 Regular Meeting of the Baldwin Park City Council December 2, 1^70 Page 8 Mayor McCaron stated that there were some R-3 developments along Ramona on the North side and Commercial developments on the South side and further down as far as Foster. He stated that if the property was developed the General plan would call for R-3 development on the North side of the North portion of Ramona Blvd. and R-3 in this area would be a buffer for the Commercial development on the South side of Ramona. He stated that Ramona would have heavy traffic and if it was still the wish of the people that they would like a Green Belt in that area he felt that the property could still be acquired in the future although a bond issue would be necessary in order to acquire and develop the property, and this would be up to the people to decide. He stated that the development for R-3 would make a nice buffer and at the present time the City is working toward a precise plan procedure which would protect the City against objectionable development; the the City cannot deny the use of property. He stated that there were a number of things that would determine whether this property would ever be developed; that in the future, about 3 years, the Railroad would still have permission to leave the line cut. He felt, that this would be a probability but not a certainty, because it could not be predetermined what the Public Utilities Commission would do. He stated that the final decision as to whether the Railroad ever came out and stayed out would be in the hands of the Public Utilities Commission and the Commission had not committed themselves. Councilman Gregory stated that there had not been a train on that track since the railroad bridge had been removed on the City boundary to the west and it was her under- standing that the Railroad was previously running a train once a day, just to maintain their franchise. She stated that since the tracks had not been used daily she was wondering if the Railroad had jeopardized the use of the tracks. She asked if City Attorney Flandrick could clarify this point. City Attorney Flandrick stated that the Council approved a proposed written agreement with the Southern Pacific for the acquisition of other portions of property owned by them which entailed the removal of this track. He stated that as he understood it the problem was, the permission of the Public Utilities Commission must be obtained and also the permission of the I.C.C. for the termination of the use of the property and for all practical purposes it had been terminated since the construction of the freeway. He stated that the only thing that could be put in the agreement, in the hope that it would eventually, finally and legally be terminated insofar as the Railroad usage was a provision to the effect that they would use their best efforts to obtain the approval of both Commission's required to terminate that usage and upon doing so, obviously all tracks would be removed. In addition. City Attorney Flandrick stated that there was a provision in the agreement that should a catastrophe occur and they did not receive approval, through no fault of their own, then the tracks would be relocated should there be a need for them at some point consistent with the Cities plans for the street Construction. He stated that the agreement had been approved by the City Council and by Southern Pacific, but it apparently was in their executive offices in San Francisco for signature. He stated that the agreement made no reference whatsoever, to zoning. Continued) BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝ peUWEtSO^ Regular Meeting of the Baldwin Park City Council December 2, 1970 Page 9 Councilman Hamilton stated that 15 acres was a lot of land and probably had not cost the Railroad anything; that he would like to see a Green Belt in that area as it would be beautiful as you entered Baldwin Park but he questioned whether the City could afford it and although the prospect of a bond issue had been mentioned he felt the Citizens had a great deal of indebtedness already. He stated that delay at this time might hold up the decision to remove the tracks. Councilman King stated that he did not feel this was the proper time to rezone; that it could be 3 or 4 years before the conclusion as to whether the tracks could be removed or not and at that time the City would be in a better position to know which way to go. He stated that although the Railroad had a point, so did the City of Baldwin Park and he did not think it wuld make any difference whether the City acted now or waited 3-1/2 years, because the track would still be there. Councilman Gregory stated that she felt it was a well known fact that the Cities General Plan was in sore need of being revised. She stated that she would not tike to see R-3 in the particular area under discussion and that wherever Railroad tracks had been removed in any City, it was a Green Belt. She stated that she would tike to see Planning Director Chivetta survey some of the Cities that had the Green Belts and wide streets and present information to the Council on this subject. Mayor McCaron stated that there would be nothing to prevent establishing a Green Belt in the future, but the problem, at present, was whether to rezone this area or not. Councilman Btewett stated that he'favored R-3 in the area if it was quality, however, he would not favor anything of a substandard nature. He stated that he would not make it R-3 right away but rather he would approve the R-3 and hold up the second reading until something meaningful did occur. He stated he would like to see a report from Planning Director Chivetta on what other towns had done with excess Railroad property and he did not believe the people would, approve a bond issue and the Railroad is not going to give the property away. Councilman Gregory requested that the survey include the ways and means other Cities had used to acquire land for a Green Belt. Mayor McCaron stated that he did not know whether any other Cities had the exact conditions that Baldwin Park had as far as the Railroad was concerned. He stated that if Council had other ideas on what zoning should be made the ideas should be discussed. Councilman King stated that he did not think it was imperative that action be taken immediately and he would like to have a study and include in the study what the saturation point would be in this area as far as R-3 was concerned. He stated that if the City was going to look into this matter it should be studied from all aspects. Councilman Hamilton suggested that City Engineer French could shed some light on this subject as he had been in contact with the Railroad and might have some information that the Council did not have. City Engineer French stated that the Railroad did not request any particular zoning but rather requested to be told what could be done with the property if the tracks were taken out. He stated that there was a report made that used the General Plan as a guide and indicated what could be done and the Railroad agreed to develop in accordance with the General Plan, Continued) BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝ 1970 12 02 CC MIN(ÌìÝÝ peRegular Meeting of the Baldwin Park City Council Planning Director Chivetta stated that the Planning Commission on October 28, 1970 approved a permit for the Child Care Center within an existing Church facility, the Ascension Lutheran Church located at 14855 Pacific Ave., by their Resolution No. PC70-41. The Commiss;1on asked of the applicant, at that time, if he was in full agreement with the conditions being imposed and the applicant stated that he was. Planning Director Chivetta stated that shortly thereafter, the applicant had a change of heart and was now appealing the conditions of approval to the Council to strike all or part of the conditions. One of the conditions was a 6' masonry wall requirement which would run along the Northeasterly property line. The other was that children be from the age of 2-1/2 years to 12 years of age. TESTIMONY WAS GIVEN BY: Mr. Robert A. Wright, representative of the Ascension Lutheran Church, stated that he had presented the ages of the children in error and he wished to amend the age from from 2-1/2 to 2 years of age. In regard to th'3 masonry wall which the Planning Commission was asking them to install, he stated that this would prove to be a hardship. However, he stated that the Church had a grant of $1,000.00 available to install a chain link fence of the same height and according to the Ordinance that he had read in regard to Day Nurseries which required that there must be a fence 6' high, whether it was a hedge, some type of wall or a chain link. A wall would cost $2,500.00 and they wi11 comply with the wall requirement, however they wi11 need time to complete the entire wall. Mayor McCaron asked Planning Director Chivetta if the purpose of the masonry watt was intended to be a sound barrier and Planning Director Chivetta stated that it was not but was intended to be a screen from the adjacent properties. He stated that if the Church was being constructed under the present code they would have been forced to put in the masonry wall dear around the property, however, the wait itself was a condition of approval for the Day Nursery School, not for the Church. Councilman King stated that since the masonry fence appeared to be creating a hardship, possibly it could be installed in increments and Mr. Wright said that that would be agreeable. Mayor McCaron asked Mr. Wright how much additional time they would need in order to install the masonry fence and Mr. Wright answered a 9 month period". Councilman King asked Mr. Wright how they intended to contain the children in the meantime. Mr. Wright answered that the area where the children play was not anywhere near the wall. He stated that they could use the money they now have, install part of the watt and within 9 months complete the watt. Discussion followed re allowing a 1 or 2 year period for erection of the wall. Planning Director Chivetta stated that there would be no problem amending the ages of the children from 2-1/2 years to 2 years. Councilman Hamilton asked Mr. Wncht if the parents paid for the child care or if it was subsidized by the government. Mr. Wright answered that some of the child care was paid for by the parents and some was subsidized by the government. He stated that it was a non-profit operation and some of the parents were welfare recipients on County Aid. He stated that while the parents were receiving additional training to Continued) December 2, 1970 Page 11 RESUME 000^654 TESTIMONY ROBERT A WRIGHT 4415 W. PICO BLVD. REPRESENTING ASCENSION LUTHERAN CHURCH DISCUSSION BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝpe3^655 Regular Meeting of the Baldwin Park City Council December 2, 1970 Page 12 secure employment the county would pay for the child care, but when the parent had secured employment, he would hen assume the payments for the child care. Councilman Hamilton stated that it was his understanding that the Baldwin Park School District was completing a new building for this same purpose, and he wanted to know what effect this Day Care Center would have on them. Mr. Wright answered that if every school in the City were to put up a childrens center, you could still not take care of the needs which our Governor and President stated were necessary to get parents into well paying jobs and to get them off the welfare rolls. He stated that this was not a baby sitting service and the teachers were licensed, had degrees, and medical and social services were offered. Councilman Blewett stated that the State Department did not license anyone easily and they had some very stiff requi rements. Councilman Hamilton stated that he was concerned with the requirements of the parent because it was a well known fact that more and more tax dollars were going to welfare and somewhere the line must be drawn. He stated that he felt some parents might take advantage of this service, whether they wanted a job or not. Mayor McCaron stated that there were two points to be considered. He stated the minimum age was requested to be changed from 2-1/2 years to 2 years and a year was requested to install the block watt. There were no objection to the amendments to the Planning Commission Resolution. As there was no one else in the audience desiring to speak PUBLIC HEARING either in behalf of or in opposition to CP-151, Mayor McCaron DECLARED CLOSED declared the public hearing dosed. CP-151 RESOLUTION NO. 70-287 APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CHILD CARE CENTER ON CERTAIN REAL PROPERTY LOCATED IN AN R-1 ZONE LOCATION: 14855 PACIFIC AVENUE; APPLICANT: CHILD CARE AND DEVELOPMENT SERVICE; CASE NO. CP-151) COUNCILMAN KING MOVED THAT RESOLUTION NO. 70-287 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- City Attorney Flandrick stated that at the November 18, 1970 City Council meeting it was requested that an enabling Ordinance be prepared and submitted to Council for the purpose of franchising cable T.V. Organizations. He stated that a copy of the proposed Ordinance was before Council and one correction should be made on Page 4 Section 6655 in the first full paragraph reference was made to a percentage figure of 2% of the gross annual receipts and he reconnended that be amended to read 5%. He explained that the Ordinance did not grant anyone a franchise it merely established the ground rules for granting franchises in the future. Continued) RES. NO. 70-287 APPROVE CONDITIONAL USE PERMIT CP-151) RES. NO. 70-287 ADOPTED BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝpeCUWb^ Regular Meeting of the Baldwin Park City Council Decem&er 2, 1970 Page 13 ORDINANCE NO. 580 ADDING PART II TO CHAPTER 6 OF ARTICLE VI OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO FRANCHISES COUNCILMAN GREGORY MOVED THAT FURTHER READING OF ORDINANCE NO. 580 BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN GREGORY MOVED THAT ORDINANCE NO. 580 BE INTRODUCED AS MODIFIED. COUNCILMAN KING SECONDED. There no objections. The motion carried and was so ordered. 00- City Clerk Balkus presented a claim from Adolph R. Frickel, 1352 N. Virginia Avenue, in the amount of $100,000.00. She recommended that the claim be denied and referred to the insurance carrier. COUNCILMAN KING MOVED THAT THE CLAIM BE DENIED AND REFERRED TO THE INSURANCE CARRIER. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- ORD. NO. 580 ADD PART II TO CHAPTER 6 OF ART. VI RE FRANCHISES FURTHER READING WAIVED ORD. NO. 580 ORD. NO. 580 INTRODUCED AS MODIFIED CLAIM AGAINST CITY ADOLPH R. FRICKEL DENIED & REFERRED TO INSURANCE CARRIER City Clerk Balkus presented a claim from Marietta L. Miller. CLAIM AGAINST CITY 1727 Herris Street, Redondo Beach, in the amount of $3,878.00. MARIETTA L. MILLER She recommended that the claim be denied and referred to the insurance carrier. COUNCILMAN KING MOVED THAT THE CLAIM BE DENIED AND REFERRED TO THE INSURANCE CARRIER. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- City Clerk Balkus presented an application for a Temporary Use Permit for a Christmas Tree Sales Lot 13918 Garvey Applicant A1 Boyd was withdrawing his request for a permit because the rental on the lot was too high and he was requesting the fee of $25.00 to be returned to him. City Clerk Balkus recommended that the fee of $25.00 less 20% administrative charge, leaving a total of $20.00, be returned to Mr. Boyd. COUNCILMAN GREGORY MOVED THAT THE FEE OF $20.00 BE RETURNED TO MR. BOYD. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- City Manager Nordby presented a request for waiver of bids for Satellite Park Equipment located on the Bursch School Grounds. He stated that there was one supplier who had the particular type of equipment the Director of the Department wished to purchase and this was Don Renner Co., Newport Beach, California. City Manager Nordby requested that the bi'ddin g procedure be waived and the purchase be made from Don Renner Co. in the amount of $2,681.10. COUNCILMAN KING MOVED THAT THE BIDDING PROCEDURE BE WAIVED AND THE PURCHASE OF PLAY EQUIPMENT BE MADE FROM DON RENNER CO., NEWPORT BEACH, IN THE AMOUNT OF $2,681.10. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. Continued) DENIED & REFERRED TO INSURANCE CARRIER REQUEST;FOR REFUND ON TUP OR SALE OF XMAS TREES AL BOYD REFUND APPROVED BID PROCEDURE WAIVED PLAY EQUIPMENT TO BE FROM DON RENNER CO. FOR $2,681.10 BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝpeRegular Meeting of the Baldwin Park City Council December 2, 1976 Page 14 i i Councilman Blewett stated that he would tike to see a report from the Park Commission on the actual use of the Satellite Parks. He stated that he understood one of the Satellite Parks was not receiving much use and if this was true it might be feasible for the City to transfer the equipment from this park into another park. Councilman Gregory stated that the Recreation Commissioner's received a monthly or quarterly review of the attendance of the parks and playgrounds. She asked City Manager Nordby if he received such a report and he answered that there would be a report coming to the Council very soon indicating the various play areas daily attendance accrued over a 12 month period, from the period of January 1 through December 30, 1970. He stated that it was somewhere in the neighborhood of 44,000 and included the people who used the Cities recreational facilities including the Community Building, playgrounds, etc. He stated that he thought it would be broken down so the various play areas in the community could be identified. City Manager Nordby stated that the program of establishing the Satellite Parks on the school grounds was initiated by the Planning Commission seven or eight years ago and we were just now getting around to implementing their program. He stated that the City had 3 budgeted school playgrounds for this year. Councilman Gregory stated that she thought Councilman Btewett was referring to Pleasantview and she brought up the fact that the playground was entirely fenced in and as the gate was locked after school and on weekends the young people were unable to get into the yard. Councilman King stated that Mr. Lucas was aware of this problem and he did not know what action Mr. Lucas had taken. City Manager Nordby stated the matter would be resolved. 00- City Manager Nordby presented a report entitled Changing Role for Cities". He stated that two copies of the report had been sent to the City in mid-October and then came before the League of California Cities, Los Angeles Division, the first meeting in November. He stated that three of our Councilmen were at the November 6 meeting and at that time the League voted to endorse the report. He stated there were some objections raised by the City of Temple City and several other Cities that voted in opposition to the procedure because the Cities had not had the opportunity to review the report and its contents. He stated that there were two issues at stake. One. was the procedure used by the Los Angeles Division of the League in not affording the Cities sufficient time to take a position on a report and two, the action was railroaded through. He stated that Chapter 3 concerned Regional Government and most cities had joined providing it never became another layer of government. RESOLUTION NO. 70-288 REQUESTING THE BOARD OF DIRECTORS OF THE LOS ANGELES COUNTY DIVISION. LEAGUE OF CALIFORNIA CITIES. TO SET ASIDE ACTION TAKEN ON NOVEMBER 5, 1970. APPROVING REPORT OF THE URBAN PROBLEMS COMMITTEE ENTITLED CHANGING ROLES FOR CITIES," AND TO PLACE THE MATTER ON A FUTURE AGENDA FOR FURTHER DISCUSSION RES. NO. 70-288 REQUEST BOARD DIRECTORS L.A. CO. DIV., LEAGUE CALIF. CITIES, SET ASIDE. ACTION OF 11/5/70, APPROVING REPORT ENTITLE CHANGING ROLES FOR CITl^ PLACE ON FUTURE AGENDA FOR DISUCSSION Continued) BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝpervwrooc Regular Meeting of the Baldwin Park City Council COUNCILMAN KING MOVED THAT RESOLUTION NO. 70-288 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- City Manager Nordby had stated that the County Fire Department had, in the past, been the issuing authority for the issuance of explosives permits. The last legislature by Senate Bill 1350 and Assembly Bill 2057 designated local police agencies as the issuing authorities, they in turn have delegated this authority to the County Fire Department. He stated he had received a letter from County Fire Chief, Richard Houts, requesting that the City of Baldwin Park confirm its desire to continue to employ the Los Angeles County Fire Department as the issuing authority for explosives. He stated that he felt this would implement some controls. He stated, further, that this could be accomplished by minute motion. COUNCILMAN KING MOVED THAT THE LOS ANGELES COUNTY FIRE DEPARTMENT BE DESIGNATED AS THE AUTHORITY FOR ISSUING PERMITS RELATING TO EXPLOSIVES. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- City Manager Nordby requested that at the close of the regular meeting an Executive session be held on a personnel matter. 00- City Engineer French reviewed his report on the initiation of Short Form 1911 Act, Case No. 70-S-55, on the South side of Athol Street between Grace Avenue and Foster Street for curb, gutter, sidewalk and drive approach. t RESOLUTION NO. 70-278 DECLARING ITS INTENTION TO CAUSE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF SECTION 5870 ET SEQ., OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA 70-S-55) COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 70-278 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- City Engineer French reviewed his report on the initiation of Short Form 1911 Act, Case No. 70-S-56, on the West side of Jeremie Street between Vineland Avenue and Depot Avenue for curb, gutter, sidewalk and drive approach. RESOLUTION NO. 70-279 DECLARING ITS INTENTION TO CAUSE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF SECTION 5870 ET SEQ., OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA 70-S-56) COUNCILMAN KING MOVED THAT RESOLUTION NO. 70-279 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- December 2, 1970 Page 15 RES. NO. 70-288 ADOPTED FIRE DEPT. DESIGNATED AS AUTH. FOR ISSUING PERMITS RELATING TO EXPLOSIVES EXECUTIVE SESSION AT CLOSE OF MEETING S.F. INITIATION 70-S-55 CGS&DA) RES. NO. 70-278 DECLARE INTENT CAUSE CONSTRUCTION 70-S-55) RES. NO. 70-278 ADOPTED S.F. INITIATION 70-S-56 CGS&DA) RES. NO. 70-279 DECLARE INTENT CAUSE CONSTRUCTION 70-S-56) RES. NO. 70-279 ADOPTED BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝpe0^4659 Regular Meeting of the Baldwin Park City Council C-'ty Engineer French reviewed his report on the initiation of Short Form 1911 Act, Case Nos. 70-S-57, on the Southeast side of Vineland Avenue between Central Avenue and Pacific Avenue for curb, gutter, sidewalk and drive approach; 70-S-58, on the South side of Garvey Avenue between Francisquito Avenue and Vine!and Avenue for curb and gutter; 70-S-59, on the West side of Bleecker Street between Nubia Street and Joanbridge Street for curb and gutter and 70-S-60, on the South side of Olive Street between Merced Avenue and Bresee Avenue for curb and gutter. RESOLUTION NO. 70-280 DECLARING ITS INTENTION TO CAUSE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF SECTION 5870 ET SEQ., OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA 70-S-57, 58, 59 & 60) j COUNCILMAN KING MOVED THAT RESOLUTION NO. 70-280 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. December 2, 1970 Page 16 S.F. INITIATION 70-S-57 CGS&DA) 70-S-58 C&G) 70-S-59 C&G) 70-S-60 C&G) RES. NO. 70-280 DECLARE INTENT CAUSE CONSTRUCTION P.H. JANUARY, 6, 1971 RES. NO. 70-280 ADOPTED 00- City Engineer French reviewed his report on the initiation of Public Nuisance, Case No. 70-N-102, 1324 Virginia Avenue RESOLUTION NO. 70-289 SETTING A TIME AND PLACE FOR A HEARING TO DETERMINE WHETHER CERTAIN BUILDINGS AND STRUCTURES CONSTITUTE A PUBLIC NUISANCE COUNCILMAN KING MOVED THAT RESOLUTION NO. 70-289 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- City Engineer French reviewed his report on the initiation of Public Nuisance, Vehicle, Case Nos. 70-A-60, 3864 Barnes Avenue and 70-A-61, 3221 Maine Avenue. RESOLUTION NO. 70-290 SETTING A TIME AND PLACE FOR A HEARING TO DETERMINE WHETHER CERTAIN VEHICLES CONSTITUTE A PUBLIC NUISANCE COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 70-290 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. P.N. INITIATION 70-N-102 RES. NO. 70-289 SET HEARING DATE P.H. JANUARY 6, 1971 RES. NO. 70-289 ADOPTED P.N. INITIATION VEHICLE 70-A-60 AND 70-A-61 RES. NO. 70-290 SET HEARING DATE P.H. JANUARY 6. 1971 RES. NO. 70-290 ADOPTED 00- City Engineer French presented a request for the engagement TOPICS FUNDS of a consultant to prepare the report required by the Federal CONSULTANT Government in regard to Topics funds. He stated that the Engineering Department was recomnending Robert Crommetin and Associates, Consulting Traffic Engineers. He stated that the Topics program is funded by Federal funds and the program must be approved by the Bureau of Public Roads. COUNCILMAN BLEWETT MOVED THAT THE CITY ENGINEER BE AUTHORIZED CITY ENG. AUTH. TO TO SUBMIT ALL NECESSARY INFORMATION FOR A CONSULTANT AGREEMENT SUBMIT INFORMATION AND OBTAIN BUREAU APPROVAL OF THE EMPLOYMENT OF ROBERT FOR CONSULTANT AGREE. CROMMELIN AND ASSOCIATES. COUNCILMAN HAMILTON SECONDED. AND OBTAIN APPROVAL OF There were no objections. The motion carried and was so ROBERT CROMMELIN & ordered. ASSOCIATES 00- BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝpe IXJ'T W*J Regular Meeting of the Baldwin Park City Council City Engineer French presented a traffic committee report stating that there was a problem on the North side of Garvey between Vineland and the Big Datton Wash, due to sight distance. He stated that the with a curve in the roadbed between Da!ton Wash. Wash, roadway was 32' wide Vineland and the Big December 2, 1970 Page 17 TRAFFIC COMMITTEE REPORT RE GARVEY BETWEEN VINELAND & BIG DALTON WASH He stated that when vehicles park along the North side o'f Garvey it greatly restricted the sight disctance, particularly to the entrance and exit of the parking tot to the condominium development on the Northeast corner. He stated that the recommendation was to adopt a Resolution restricting parking at the above location. RESOLUTION NO. 70-291 ESTABLISHING CERTAIN VEHICULAR TRAFFIC RESTRICTIONS COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 70-291 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- City Engineer French presented a tetter from the City of Irwindale proposing a joint project for the improvement of Los Angeles Street between the 605 Freeway and Baldwin Park City boundary, basically the Littlejohn Dairy. He stated that this letter was in accordance with the previous project understanding and was certainly a much needed improvement to the Cities entrance street. He stated that the Engineering Department had contacted Mr. Gene Cantre11 of Cantrell Steel and he had agreed to pay for his street improvements as part of the project and also to cleanup, plant and improve his frontage immediately upon completion of the project. City Engineer French stated that Baldwin Park's portion of the project would be paid for with gas tax funds which would reduce slightly the funding on the Ramona Badillo project, however, he felt the City should act when opportunity knocks', He recommended that the Mayor and City Clerk be authorized to sign a joint powers agreement in accordance with the conditions outlined in the letter from the City of Irwindale, COUNCILMAN GREGORY MOVED THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN A JOINT POWERS AGREEMENT WITH THE CITY OF IRWINDALE FOR THE IMPROVEMENT OF LOS ANGELES STREET. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- City Clerk Batkus presented Ordinance No. 505 for second reading. ORDINANCE NO. 505 AMENDING THE ZONING MAP OF BALDWIN PARK AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE R-1 TO ZONE C-2 ZONE CASE NO. Z-299 PART 2) COUNCILMAN GREGORY MOVED THAT FURTHER READING OF ORDINANCE NO. 505 BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN GREGORY MOVED THAT ORDINANCE NO. 505 BE ADOPTED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. RES. NO. 70-291 EST. TRAFFIC RESTRICTIONS NORTH SIDE OF GARVEY BETWEEN VINELANO & BIG DALTON WASH RES. NO. 70-291 ADOPTED REQUEST FROM IRWINDALE FOR JOINT PROJECT FOR THE IMPROVEMENT OF LOS ANGELES STREET MAYOR & CITY CLERK AUTHORIZED TO SIGN JOINT POWERS AGREEMENT WITH IRWINDALE FOR IMPROVEMENT OF L.A. ST ORD. NO. 505 AMEND ZONING MAP REZONE FROM R-1 TO C-2 Z-299 PART 2) FURTHER READING WAIVED ORD. NO. 505 ORD. NO. 505 ADOPTED 00- BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝpe0^661 Regular Meeting of the Baldwin Park City Council December 2, 1970 Page 18 City Clerk Batkus presented Ordinance No. 578 for second reading. ORDINANCE NO. 578 AMENDING THE ZONING REGULATIONS OF BALDWIN PARK WITH REGARD TO CONDITIONAL ZONING CASE NO. AZC-45) ORD. NO. 578 AMEND ZONE REGULATIONS RE CONDITIONAL ZONING AZC-45) FURTHER READING WAIVED ORD. NO. 578 ORD. NO. 578 ADOPTED DISCUSSION RE AMENDMENTS TO PERSONNEL RULES COUNCILMAN GREGORY MOVED THAT FURTHER READING OF ORDINANCE NO. 578 BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN GREGORY MOVED THAT ORDINANCE NO. 578 BE ADOPTED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- Councilman Blewett stated that he would tike to discuss the possibility of changing the personnel rules so that the ultimate appellant decision would be rendered by the City Council. He asked City Attorney Flandrick to express his ideas on this subject. City Attorney Flandrick stated that it was his understanding that the City Council desired to consider some changes in terms of the appellant process now available to classified employees of the City. He stated that to do so, a public hearing would be required before the Personnel Board and thereafter, a public hearing before the City Council because these matters were not covered by Personnel Rules. He stated that since 1966 the Personnel appellant process stopped at the personnel board level and whatever their decision was, that would be the final decision, and it would not be reviewable by the City Manager, City Council or anyone other than a Superior Court Judge. He stated that it was his understanding that what the Council wished to consider was an amendment to allow the City Council as a next level of administrative appeal. He stated this could be accomplished by an appeal from the decision of the Personnel Board with a hearing before the Council which would mean trying the entire case. He stated that secondly, it could be set up on an appellant basis where the transcript of proceedings, which would be a verbatim transcript prepared by a Court Recorder, in the case of appeal only, would be submitted to the City Council. The transcript would be reviewed by the Council and a decision would be made. He stated that a third alternative would be to allow the aggrieved employee the right of appeal to the Council from the decision of the Personnel Board based upon the transcript and reserving the right to the Council that as a result of that review if Council found that there were one or two factual issues that were not adequately explained, insufficient evidence or some question arose, the hearing could be reopened for those issues only. He stated that whatever final action Council might take he suggested that it be initiated by referring the matter to the City Manager asking him'to prepare, together with the City Attorney, proposed specific amendments along those lines, and any others that might occur, and submit that to the Personnel Board for public hearing and thereafter to the City Council for a public hearing. City Attorney Flandrick stated that it would be necessary to have a representative of the Employee's Association as well at the public hearings. COUNCILMAN BLEWETT MOVED THAT CITY MANAGER NORDBY AND CITY ATTORNEY FLANDRICK BE DIRECTED TO DRAFT PROPOSED AMENDMENTS TO THE PERSONNEL RULES AND SET FOR PUBLIC HEARING. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- CITY MANAGER & CITY ATTORNEY DIRECTED TO DRAFT PROPOSED AMENDMENTS & SET FOR PUBLIC HEARING BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 12 02 CC MIN(ÌìÝÝpeS^G2 Regular Meeting of the Baldwin Park City Council AT 9:24 COUNCILMAN BLEWETT MOVED THAT THE COUNCIL RECESS FOR FIVE 5) MINUTES. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered 00- At 9:34 p.m. Council reconvened in regular session. Roll Call: Present: COUNCILMEN BLEWETT, GREGORY, HAMILTON, KING. MAYOR MCCARON, CITY MANAGER NORDBY AND CHIEF OF POLICE ADAMS 00- AT 9:35 P.M. COUNCILMAN HAMILTON MOVED THAT THE CITY COUNCIL ADJOURN TO AN EXECUTIVE SESSION. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. December 1970 Page 19 9:24 P.M. COUNCIL RECESSED FOR 5 MINUTES 9:34 P.M. RECONVENED ROLL CALL 9:35 P.M. ADJOURNED TO EXECUTIVE SESSION At 12:04 A.M. Council Roll Call: Present: 00- reconvened in regular session. COUNCILMEN BLEWETT, GREGORY, HAMILTON, KING, MAYOR MCCARON, CITY MANAGER NORDBY AND CHIEF OF POLICE ADAMS 00- 12:04 A.M. RECONVENED ROLL CALL AT 12:05 A.M. COUNCILMAN KING MOVED THAT THE CITY COUNCIL ADJOURN. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- ADJOURNED 12:05 A.M. A^^-<^-^— THELMA L. BALKUS, CITV CLEftK APPROVED: /2-/^_____> 1970 Date of Distribution to City Council:__/g2 // 1970 Date of Distribution to Departments:___/d // 1970 BIB] 37659-U01 1970-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10053-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06