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HomeMy WebLinkAbout1971 02 17 CC MIN1971 02 17 CC MIN(ÌìÙmpeINDEX FEBRUARY 17. 1971 Page Treasurer's Report 1/31/71 Received and Filed 1 Oath Patrolman Douglas S. Miller 1 Res. No. 71-45 Claims & Demands Adopted 1 Public Hearing Z-330 Continued to 5/19/71 1 Public Hearing C.R.A. Postponed to 3/3/71 1 Walnut Street Assessment District 2 Written Protests Read in Fu11 2 Testimony Mrs. Glen Robinson, Lenora Woodside 2 Testimony Lloyd Riggs, Lenora Woodside 3 Written Protests Stephen & Kathleen Stevens 3 Testimony Edwin Etko, Lenora Woodside 4 Testimony Jean Parkinson, Frank Raivo 5 Testimony Lenora Woodside, W.R. Bonnivier, Eugene Atber 6 Testimony Gary Lynd, Edwin Eiko, Mrs. Doty 7 Testimony W.R. Bonnivier, Heremengildo Gonzates, Lloyd Riggs, Jean Parkinson 8 Testimony Eugene Alber Public Hearing Closed A11 Protests Overruled Re Debt Limit and Protest Hearing Walnut Street Assessment District 9 Res. No. 71-47 Determining Results of Hearing Re Walnut Street Assessment District Adopted 10 Res. No. 71-48 Overruling and Denying Protests Affecting Walnut Street Assessment District Adopted 10 Res. No. 71-49 Order Work and Acquisition and Inviting Bids and Scale of Prevailing Wages Re Walnut Street Assessment District Adopted 10 Public Heairng Re On-Premise Signs AZC-43 10 Testimony Pete Parenteau, Manager Chamber of Commerce 10 Public Hearing Closed 10 Ord. No. 574 Amending Zoning Regulations Re On-Premise Signs Introduced 10 Res. No. 71-50 71-A-2) Adopted 11 Res. No. 71-51 71-N-36) Adopted 11 Res. No. 71-52 71-A-5) Adopted 12 Res. No. 71-53 71-A-6) Adopted 12 71-C-1 Testimony Junior R. Best 12 Res. No. 71-54 71-C-1) Adopted 13 71-C-4 Dropped From Agenda 13 Res. No. 71-55 71-C-6) Adopted 13 Public Hearing Re Amendments to Personnel Rules and Regulations Re 13 & 14 Disciplinary and Grievance Procedures Testimony Ken Caresio, President 15 & 16 Employees Association Public Hearing Re Personnel Rules and Regulations Continued to 3/3/71 17 E.L. Price Representing Cteoma L. Marcee Re 70-N-98 17 & 18 Mr. Pat Schuttz. 13935 Ctearcrest Drive Appealing Denial of Building Permit 19 Ramona Improvement District Continued until 3/3/71 19 Res. No. 71-56 Advocating Federal Revenue Sharing Program Adopted 19 Recognize Baldwin Park Police Association & Employees Association 20 Public Hearing Re Community Redevelopment Agency 3/3/71 20 Res. No. 71-46 70-S-21, 22, 33, 39» 41, 42 & 52) Adopted 20 Res. No. 71-57 71-N-3 & 71-N-4) Adopted 20 BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmperrw^ Index February 17, 1971 Page 2 Page Res. No. 71-58 70-N-65 & 70-N-99) Adopted 21 Res. No. 71-59 71-A-8 & 71-A-9) Adopted 21 Mayor and City Clerk Authorized to Agreement with Los Angeles County Flood Control District for the Design of 1970 Storm Drain Bond Issue Report, Projects 9705 and 1750 21 Request for Waiver of Sidewalks 13400 Block Demblon 21 Sidewalks on both sides of the 13400 Block on Demblon Street from Hartan Street to the Dead End of Demblon Street Waived 22 Ord. No. 585 Amending the Zoning Map and Rezoning Certain Herein Described Real Property from Zone R-1 to Zone M-1 Z-328, Part I) Adopted 22 Adjournment 10:20 P.M. 22 BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpeREGULAR 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 Hamilton led the salute to the flag. WT7^/ FEBRUARY 17. 1971 7:30 P.M. FLAG SALUTE Roil Call: Present: Also Present: COUNCILMEN BLEWETT, GREGORY, ROLL CALL HAMILTON, KING AND MAYOR MCCARON 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 CITY TREASURER'S REPORT OF JANUARY 31. 1971 BE RECEIVED AND FILED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- City Clerk Balkus administered the Oath of Office to Patrolman Douglas S. Miller, following which the Mayor presented Patrolman Miller with his badge and congratulated him. 00- TREASURER'S REPORT JANUARY 31, 1971 RECEIVED AND FILED OATH OF OFFICE PATROLMAN DOUGLAS S. MILLER RESOLUTION NO. 71-45 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK COUNCILMAN KING MOVED THAT RESOLUTION NO. 71-45 BE ADOPTED AS AMENDED AND THAT FURTHER READING BE WAIVED. COUNCILMAN BLEWETT SECONDED. Roll Call. There were no objections. The motion carried and was so ordered. 00- City Attorney Flandrick stated that the Planning Director wished to continue the public hearing on Z-330 to May 19, 1971, to allow the staff to review the matter with the property owners in the area and make recommend- ations to the Council. COUNCILMAN BLEWETT MOVED THAT THE PUBLIC HEARING ON CASE Z-330 BE CONTINUED TO MAY 19. 1971. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- Mayor McCaron announced that there would be no public hearing on the Community Redevelopment Agency at this meeting. The public hearing has been postponed unfit March 3, 1971 to allow time for preparation of a complete report on the subject so that everyone wilt understand what it entails. 00- RES. NO. 71-45 CLAIMS & DEMANDS 1869 1957 PAYROLL PERIOD 1/16/71 1/31/71 RES. NO. 71-45 ADOPTED CASE Z-330 REQUEST TO CONTINUE PUBLIC HEARING PUBLIC HEARING Z-330 CONTINUED TO MAY 19, 1971 PUBLIC HEARING ON C.R.A. POSTPONED TO 3/3/71 BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpeRegular Meeting of the Baldwin Park City Council City Clerk Balkus administered the oath to those in the audience desiring to be heard during the meeting. 00- February 17. 1971 Page 2 OATH PUBLIC HEARINGS 7:30 p.m. having arrived it was the time and place fixed for a continued public hearing on the Walnut Street Assessment District. Continued from February 3, 1971) PUBLIC HEARINGS 7:30 P.M. PUBLIC HEARING WALNUT STREET ASSESSMENT DISTRICT i City Attorney Flandrick stated that, at Council's request, RESUME City Engineer French had prepared a brief report concerning several matters presented at the last meeting. City Engineer French stated that, at the request of the Council, he had met with owners of property on Walnut Street between Los Angeles and Olive, which is the area that had the highest number of protests. He stated that since that time his office has received additional protests, and has also received a petition requesting withdrawal of protests. The protests, as of the present time, total 42-1/2% based upon frontage, and 37.7% based upon area. The withdrawals received were 10.1% on frontage and 9.2% on area. City Clerk Balkus read in full form letters of protest from the following protestants: Copies in official files.) Shirley Bigetow for American Savings and Loan, Whittier Charles H. Muelter, 4552 Walnut Refugio Arellanos, 4457 Walnut Hugo Varkevisser, 4405 Walnut Charles Berthet, 4334 Walnut Barry Adams, 4241 Walnut Lyte W. Sytle, 4225 Walnut Alva Herron, 4135 Walnut TESTIMONY WAS GIVEN BY: Mrs. Glen Robinson, 4708 Walnut, asked how the protests were withdrawn. City Engineer French stated they were withdrawn by petition, in the same manner the protests were filed. City Attorney Flandrick asked City Engineer French, with reference to the protests recently received, whether his comments are the same as those he made at the previous public hearing with reference to the form protests as made. City Engineer French stated he would have the same answers. Mrs. Lenora Woodside, 4537 N. Walnut, addressing City Engineer French, stated that rumor has it he is the one who sent the withdrawal petition out from the office. City Engineer French stated the lady who circulated the petition had been at the last meeting. She had then come into the office to inquire what was needed to make the district go through. She was totd that if people withdrew their protests, that would help the district go through, and she at that point made up a petition and took it to have it signed by her neighbors. City Engineer French stated the petition was not typed up at his office, nor did he send her out to do this; he only gave her the information she requested. Continued) WRITTEN PROTESTS READ IN FULL COPIES IN OFFICIAL FILES) TESTIMONY MRS. GLEN ROBINSON 4708 WALNUT CITY ENGINEER'S COMMENTS RE PROTESTS RECEIVED LENORA WOODSIDE 4537 N. WALNUT BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpeOGOiZZ^ Regular Meeting of the Baldwin Park City Council Lloyd Riggs, 4418 N. Walnut, presented another written form protest Stephen S. Stevens) to the City Clerk, which he stated had been mislaid at his house. Mr. Riggs stated he has talked to quite a few people, and most of them, including himself, feel this is the wrong time to put this district through. Mr. Riggs further stated many of the property owners were against making this an assessment district, even though they were not against improving the street; however, they want the opportunity to put in their own curbs and gutters under City specifications. He stated he felt the district should be postponed to give the property owners who have never been contacted or who have been unable to attend the meetings an opportunity to voice their views. Councilman King asked City Engineer French if the eight people who had not dedicated did not do so, and if the assessment district were not formed, how long, in his opinion, would it be before curbs and gutters would be in the area completely. The City Engineer replied it would be difficult to give a definite estimate. He stated that Walnut became a street about 50 years ago, and still doesn't have curb and gutters; it is approximately W improved at present. He stated that under existing laws and procedures, in the area north of Los Angeles Street to Olive, orte person holding out could prevent improvement indefinitely. Mayor McCaron asked whether these parcels could be short- formed, and City Engineer French stated not unless the City bought the right-of-way. Lenora Woodside stated that those who haven't dedicated are not holding out because they don't want curbs and gutters, it's the price; it is exorbitant. She stated that if you contact every one of the eight who didn't dedicate, they will put curbs and gutters in, but the price is too high. Mayor McCaron asked City Engineer French to explain to the people what caused the prices to be as high as they are. The City Engineer stated there are two items that cause the cost of the assessment district to be higher than if individuals would install the improvements on a hundred percent basis on their own; one is the legal overhead incurred in the forming of the district, such as publications, hearings, resolutions, postings, notices, etc. He stated that everyone listed on the last equalized assessment roll was notified of the hearing. The other thing that causes higher costs in an assessment district is the acquisition cost and the cost of assuring the right-of-way, which on a 66 foot lot is $50.00. Mr. Riggs stated he received a notification that it would cost $600 for a 66 foot lot, and this was before anybody knew anything about it—back in the post card poll, so apparently everything was already estimated before the City knew how many people were going to dedicate, so he doesn't feel this is a valid argument. Mayor McCaron stated they were considering the present day prices and not those given at the start of the proposed district. City Attorney Ftandrick stated one additional written protest had been filed and asked City Engineer French to read the protest and comment appropriately. City Engineer French read in full a protest by Stephen S. and Kathleen Stevens, 4411 through 4421 Walnut. He indicated these are not the owners shown on the last February 17, 1971 Page 3 LLOYD RIGGS 4418 N. WALNUT LENORA WOODSIDE WRITTEN PROTESTS STEPHEN & KATHLEEN STEVENS 4411 THRU 4421 WALNUT Continu'-ic^ BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpe0%^ Regular Meeting of the Baldwin Park City Council February 17, 1971 Page 4 equalized assessment roll, but including their percentage of protest the total protests would increase to 44.5% based on frontage and 38.3% based on area. Edwin Eiko, 13057 Bess, stated he does not own property EDWIN ELKO on Walnut, but several people had called him on the 13057 BESS telephone. He stated he felt most of the people would dedicate the necessary right-of-way if the cost was not so exorbitant, which is prohibitive at this time. He further stated that if the Council did not pass the district at this time, that some of those who had not dedicated might do so if given a little more time. Mr. Eiko stated he feels the costs could be reduced, and doesn't feel it is necessary to form an assessment district, because he is firmly convinced that most of the people would make the improvements voluntarily on their own. Councilman King stated that everyone would tike to see the costs of the district reduced. He stated that if this matter were held over a week or two weeks to see if the eight people would dedicate, and possibly let the people put the curbs and gutters in on their own to reduce the expense, he wondered if the eight who had not dedicated would be witling to do this. He directed a question to Mr. Glen Robinson, who was in the audience, and who had not dedicated. Mr. Robinson stated he would if the price was fair. Councilman King stated he meant dedicate so the other people could come through and put in their curbs and gutters as they see fit, and then at such time as the improvement is 50% in, Mr. Robinson's property would be available, at no cost to the City, to go ahead under the 1911 Act forcing him to make the improvements to insure a continuous street. Mr. Robinson reiterated he would if the price was right. Councilman King asked Mr. Robinson, notwithstanding the price, would he dedicate and relieve some of the hardship on the other property owners. Mr. Robinson stated he didn't think he would at this point, because he felt the matter had been misrepresented a11 the way through. Councilman King stated he didn't see how Mr. Robinson felt the matter was misrepresented after he had been given every consid- eration by meeting with Councilman King at his home, at Oli'/e View School, by receiving explanations from the City Engineer and from himself, and having his assessed cost clarified and being informed it would be $407 for 66 feet of frontage. Councilman King further stated to Mr. Robinson that if he would dedicate, it would drop the price another $40-$45 per property, which would bring it down to a total of approximately $360, and that if the eight property owners would dedicate it would bring the costs way down, because of the expenses incurred in the formation of an assessment district as previously outlined by the City Engineer. Mr. Robins'on asked again what the price would be, and Councilman King informed him it would be the price at the time the improvements were made, and prices fluctuate. Mrs. Woodside asked Councilman King if he would repeat LENORA WOODSIDE the proposal he had made as far as dedicating. Councilman King stated that, in his own opinion, one idea would be to have the hearing held over; the people who want the improvement should talk to those who have not dedicated and see if they would reconsider and dedicate; then the property owners could go ahead, one by one over a period of years, putting in curb and gutter, and drop the idea of forming an assessment district. The City would then have the guarantee that the street would eventually be Continued) BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpew^ Regular Meeting of the Baldwin Park City Council completed, and the people would be able to put the improvements in as they could, without creating a hardship on themselves. Mrs. Jean Parkinson, 4427 Walnut, asked what the bid per foot would be in the month of March, without an assessment district. City Engineer French stated that without an assessment district it would be $2.75 a foot for curb and gutter, and would remain that price for the rest of this year. City Engineer French elaborated on Councilman King's statements by informing Mrs. Parkinson that if the eight people who have not dedicated do not dedicate, the other peoperty owners cannot make the Improvements on their own. Mrs. Parkinson indicated she did not understand completely. She stated that if the eight people did dedicate, there would still be disagree- ment about the price, and that would hold the district up. City Engineer French explained that if the eight people dedicated, the district could be dropped and each person obtain his own contractor to do the work. Mrs. Parkinson asked what happened if some people didn't want to be bothered. City Engineer French stated that after half of the street had the improvements, the City Council can order the rest of the improvements put in. Mrs. Parkinson asked about the loan and interest rate. City Engineer French stated that if it goes in as an assessment district, it is on a 10-year loan at 7%, but if it goes the other way. Short Form 1911 Act, it becomes due and payable with the next tax bill. Mrs. Parkinson asked if it would go on this year's tax bill. The City Engineer stated it would not go on the 1971 tax bi11, but there is a possibility it could be on the 1972 bin, which would mean half would be payable in December of 1972 and half in April 1973. Mrs. Parkinson asked what the cost per foot would be under the assessment district. The City Engineer stated there was no bid on the assessment district yet, so he did not know the exact cost. He informed Mrs. Parkinson that the figures he had given her were based on the City's open-end contract which is available if paid in cash. She asked what the total cost would be-on the 10-year loan, and City Engineer French stated it would be a little over $500, and there would be a principal payment in November and an interest payment in June over the 10-year period. Mr. French stated that, assuming everything started at the first of the year, and computing on an assessment of $400, which would make an annual interest payment of $28, $14 would be due in June and $54 would be due in November. Each year thereafter, the amount due is computed on the unpaid balance. Mrs. Parkinson asked whether it would be possible to have a tien put against the property, and pay it off at the time of sate. City Engineer French stated it would be just tike a loan—you have to make periodic payments. City Attorney Ftandrick stated there is a provision in the Act for failure to pay, under which penalties would be imposed, plus interest, and it is a foreclosure proceeding just as if you didn't make payments on a trust deed. Frank Raivo, 4149 N. Walnut not in assessment district), stated he has four 80-foot patm trees and a big elm tree in front of his house, and the only reason he hasn't put in his curb and gutter prior to this is that the City told him they would remove the trees, and it has been eleven years and the trees have not yet been removed. Continued) February 17, 1^71 Page 5 JEAN PARKINSON 4427 WALNUT FRANK RAIVO 4149 N. WALNUT BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpeRegular Meeting of the Baldwin Park City Council February 17. 1971 Page 6 Mr. Raivo stated he could not have a private contractor put in the curb and gutter, because it would cost him too much to have the trees removed. City Engineer French stated that the City removes trees by Council order when a permit is taken out for work on the property. Mr. Raivo stated, on another matter, that he has been a member of the Cement Mason's Local for 22 years and can work for any contractor in Los Angeles County or anywhere else, but the City has refused him a permit as an owner- builder to put in his curb. City Engineer French stated the Ordinance requires that a licensed contractor put in the curb and gutter. Mrs. Woodside stated she wanted to be sure she clearly understood what Councilman King had previously stated. She inquired if the eight people dedicated, the district was dissolved, and the property owners were permitted to put the improvements in on their own, would there be a time limit set for those who hadn't had the improvements made. Councilman King stated the proposal he had presented regarding dissolving the district was his own idea, and was presented because of everyone's concern with hard times" and lack of money. He stated if the district were to be dissolved, you would save the costs of forming the district; if the eight persons would dedicate, you would save the costs of acquiring the right-of-way; yoi/ could choose your own licensed contractor and perhaps save more money; in this way we are trying to eliminate this amount of hardship and allow the people to put the improvements in at their own convenience; then, at such time as 50% of these properties are in and dedicated, a 1911 Act will be formed and the rest of the owners wi11 be forced to proceed. W.R, Bonnivier, 4648 Walnut, stated he is in favor of the district. He commented he is on Social Security, and he understands his assessment will be about $800, but stated he is afraid if the district is not formed the street will never get in. City Engineer French stated that as long as the district is pending, the City cannot issue permits for curb and gutter. If the district were to be dissolved, permits could be issued for the people to have it done themselves, but in order to have the street completed over a period of a year or two, all eight people would have to dedicate to obtain the right-of-way and one of the property owners has stated tonight he would not dedicate. Eugene Atber, 3940 Walnut, stated he is in favor of curb and gutter. He further stated nobody has ever approached him to dedicate any property, and he just assumed it had been dedicated. He asked whether the eight people who had not dedicated expected to be paid for it. City Engineer French explained that Mr. Alber lives south of Los Angeles Street, and a11 the property owners in that area at one time or another dedicated the right-of-way, so in this case it could have been done by a previous owner. He informed Mr. Alber that when and if these others dedicated, they would be paid for the land, but their assessment would be increased to represent this payment. He further explained that the cost represented in the acquisition is the cost of appraisal reports, the cost of time report, court costs and attorney's fees. Mr. Alber stated that if these people didn't dedicate, perhaps they should be denied use of the street. He commented that if people live in a City they should be a part of it, and should be witting to dedicate to improve it. Councilman Btewett stated Mr. Atber had made a good Continued) LENORA WOODSIDE W.R. BONNIVIER 4648 WALNUT EUGENE ALBER 3940 WALNUT BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙm peCCO-^SQ Regular Meeting of the Baldwin Park City Council point, but informed him that these people had been approached many times, and always with negative results. Gary Lynd, 4444 Walnut, stated that when the district was first proposed, he received a letter from the City informing him that his cost would be $438 to put in curb and sidewalk, which he already has; a few months later he received another letter saying his cost would be $60, and stilt later another letter saying it would be zero. He stated he has a drainage problem because the neighboring properties do not have curb and gutter, and he is in favor of the improvements, but doesn't see why the people who already have them should be charged such an exorbitant amount. Mr. E1ko stated he would be happy to hold a meeting with the eight people who have not dedicated, because he is firmly convinced that if they understood all the facts and figures they would dedicate. Councilman Blewett stated that he, two other Councilmen, the City Engineer and the Assistant City Engineer had a meeting at Walnut Street School with these people, and everything has been explained to them over and over, and their positions haven't changed. COUNCILMAN KING MOVED THAT THE PUBLIC HEARING BE CONTINUED TO MARCH 17, 1971. He stated this would allow Mr. Eiko to get together with the property owners to try to persuade these eight people to dedicate so completion of the street wi11 be assured, and the other property owners won't have to suffer for a great time. Mayor McCaron asked City Engineer French whether, if the district were to be dropped at this point, the people who want curbs and gutters now could proceed to put them in on their own and then petition the City at a later date to force a district on the balance. City Engineer French stated that if the district were closed out now without a 50% protest, those who want the improvements now could put them in and then have the rest of the people petition immediately for reformation of a district. Councilman Blewett stated that then you would be left with only the protestors. Mayor McCaron stated that if the protestors are in the minority now, they would remain in the minority. City Attorney Ftandrick pointed out that if there were no changes in the boundaries of the district, presumably the protest figures would remain constant. City Engineer French stated that those who put in the improvements should be excluded from any new district that might be formed. Mrs. Doty, 4504 Walnut, stated she believes in the curbs and gutters. She stated she had previously received an estimate, but in May her husband passed away, which is a hardship. However, she stated that if the district is dropped, she will probably be the first one to put hers in. She further stated she is the only one working now, and makes only $2.20 an hour, but she wi11 put in side- walks, curbs and gutters. She commented she doesn't know why people don't want to improve their street. Councilman Blewett brought out the point that if the street is improved by any means other than an assessment district, it will be a patch" street. Under an assessment district, the City will completely repave the street. Councilman King stated he wished to withdraw his motion to continue the public hearing. Continued) February 17, 1971 Page 7 GARY LYND 4444 WALNUT EDWIN ELKO MOTION TO CONTINUE PUBLIC HEARING TO MARCH 17, 1971 MRS. DOTY 4504 WALNUT MOTION TO CONTINUE PUBLIC HEARING WITHDRAWN BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙm pe 00^81 Regular Meeting of the Baldwin Park City Council February 17, 1971 Page 8 Councilman Hamilton pointed out that if the district 1s dropped and a few of the property owners isut In curb and gutter, you will still have a drainage problem, and the only wa^y to solve it would be to Improve the entire street* He stated that perhaps 1f the people had a tittle more time, they might reconsider. He indicated he would be In favor of carrying the hearing over for 30 days, because he would not like to see the district dropped. Councilman Hamilton stated he went along with Councilman King's previous motion to continue the hearing for 30 days. Mr. Bonaivier stated that the way he understood, if you drop the district and let some of the people put In their own Improvements, the City still can't force the other^ who haven't dedicated to put theirs in. Councilman King stated he thought that If the matter was held over for 30 days, some of those who did not dedicate might do so. Mr. Bonnivler stated they have been talking about this for a long time and he felt it should be settled. Councilman King stated he agreed, and asked Mr. Robinson if he was still holding out. Mr. Robinson replied he understood there were eight holding out. W.R. BOWIVIER Councilman Blewett stated that, as he had previously indicated, there had been meetings between the staff and the property owners a week ago, at which time there were eight undedicated properties, and there are stilt eight undedicated properties. City Engineer French stated there had been eight at the beginning, and that number had not changed. Councilman Btewett Stited he felt It was time to make a decision. Councilman King agreed. Heremengitdo Gonzates, 4450 Walnut, stated he had dedicated a long time ago, but had signed a protest because of the cost/ However, he stated that everyone was having a hard time financially, and if the City was going to make the street a place where the-people could alt live together he is in favor of the curba and gutters. Councilman King stated he would tike to see the public hearing dosed and a motion made. Mr. Riggs stated there has been a tot of discussion on this matter. He stated he had lived on this street for 20 years and there had been no improvement, and he couldn't see that a year or two more would hurt him. He further stated that no one had shown him how this was going to affect him, and he knows this is going to chop down on his property. Mr. Riggs stated he had received an estimate of $1,954 for 175 feet of frontage, and he wanted more time. He stated that, in fact, if Council would allow a reasonable amount of time, he would put his property up for sate and move out. Mrs. Parkinson asked whether there was any way the matter could be resolved now and not hold it over any longer. She commented that one of the Council members, Mrs. Gregory, lives on Walnut Street, and should give her opinion. Councilman Gregory stated she has curbs, gutters and sidewalks. She stated that as a Councilman she must ask people to dedicate land for improvements, so felt she should do as much, and therefore had the improvements on her property. She further stated that her honest opinion was that she is ashamed of Walnut Street, and she would like to see it improved. Councilman Gregory stated she worries about the people who use the street, especially with the school evacuation about four times a day. She indicated she feets tha^b curbs, gutters, sidewalks, street tights, etc. alt go together to make a good city, and you need good citizens to go along with it. Contlm'ed) HEREMENGILOO GONZALES 4450 WALNUT LLOYD RIGGS JEAN PARKINSON BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙm peC(C^78° Regular Meeting of the Baldwin Park City Council February 17, 1971 Page 9 Mrs. Parkinson commented that since she brought up the matter of no policing of the area at the last meeting, there had been at least three patrolmen every day. Mrs. Parkinson stated that the matter had been continued from the last meeting, at which time the people were told that a decision would be made at this meeting. Councilman Hamilton called for an informatory show of hands from those in the audience from Walnut Street as to those in favor of deciding the issue at this meeting, and those opposed. Those opposed were in the minority. Mrs. Parkinson stated it is unfortuante that there are some people who don't want this district passed, but this street is important to the children and to the citizens. She further stated she is grateful that she lives in America and can take part and can say what she feels without being put down. Mr. Atber, referring to Mr. Riggs' 175 foot frontage, MR. ALBER inquired whether he could build on the land which should be dedicated. Mayor McCaron stated the land could only be used for a street. Mr. Atber stated if Mr. Riggs were faming the land it would be different, but since it cannot be used for anything but a street, he did not understand Mr. Riggs1 opposition. As there was no one else in the audience desiring to speak PUBLIC HEARING either in behalf of or in opposition to the Walnut Street DECLARED CLOSED Assessment District, Mayor McCaron declared the public WALNUT A/D hearing closed. DISCUSSION DISCUSSION Mayor McCaron asked City Engineer French how the percentage presently stood as to those opposed to and in favor of the district. City Engineer French stated that, including the protest filed this date, there was 44.5% of the frontage against, and 38.3% of the area against. City Attorney Flandrick pointed out that these are the same protests calculated in a different fashion. City Engineer French stated that the debt limit report requires the frontage and area figures. Mayor McCaron stated this indicates there are 55.5% of the area in favor. Mayor McCaron asked what the percentage was on the petition. City Engineer French replied there was no petition for this district, but it was based on a post card poll of the property owners, and the original post card estimated $500 for a 60 foot lot. He stated that at that time there was about 20% opposition to the district. COUNCILMAN BLEWETT MOVED TO OVERRULE ALL PROTESTS FILED AS ALL PROTESTS RE TO THE DEBT LIMIT AND AS TO THE PROTEST HEARING ON THE WALNUT STREET A/D WALNUT STREET ASSESSMENT DISTRICT. COUNCILMAN KING OVERRULED SECONDED. There were no objections. The motion carried and was so ordered. City Clerk Balkus read by title: RESOLUTION NO. 71-47 DETERMINING THE RESULTS OF RES. NO. 71-47 HEARING, OVERRULING PROTESTS, DETERMINING THAT DETERMINING RESULTS THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF HEARING, OVERRULING REQUIRE CERTAIN WORK OR IMPROVEMENT IN WALNUT PROTESTS. DETERMINING STREET IN WALNUT STREET ASSESSMENT DISTRICT IN PUBLIC INTEREST REQ. THE CITY OF BALDWIN PARK, SUBSTANTIALLY AS SET CERTAIN WORK OR IMPROVE- FORTH IN REPORT ON PROJECT FILED UNDER THE SPECIAL MENT IN WALNUT STREET ASSESSMENT INVESTIGATION LIMITATION AND MAJORITY ASSESSMENT DISTRICT PROTEST ACT OF 1931", AND DETERMINING THAT SAID PROJECT IS FEASIBLE AND MAKING OTHER DETERMINATIONS Continued) BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙm 1971 02 17 CC MIN(ÌìÙm pe100^784 Regular Meeting of the Baldwin Park City Council February 17, 1971 Page 11 meeting for a report, and it will be back on the Agenda for the next regular Council meeting for consideration for adoption. 00- It was the time and place fixed for a public hearing on 71-A-2 to determine whether certain vehicles constitute a public nuisance at 3664 Maine Avenue. Continued from February 3, 1971) Proper postings and mailings had been accomplished. There were no written protests. City Engineer French stated the owner of the vehicles had contacted the Enforcement Officer, Mr. Palmer, and indicated if he were given 90 days he would remove alt the cars listed in the resolution. As there was no one in the audience desiring to speak either in behalf of or in opposition to 71-A-2, Mayor McCaron declared the public hearing closed. RESOLUTION NO. 71-50 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 71-A-2) City Engineer French stated that under Section 2, a time limit of 90" days be established. COUNCILMAN KING MOVED THAT RESOLUTION NO. 71-50 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 on 70-N-36, to confirm the City Manager's report regarding certain special assessments at 12819 Waltham Street. Proper postings and mailings had been accomplished. There were no written protests. City Engineer French stated this work was accomplished in accordance with the instruction of the Ci';y Council. As there was no one in the audience desiring to speak either in behalf of or in opposition to 70-N-36, Mayor McCaron declared the public hearing closed. PUBLIC HEARING PUBLIC NUISANCE 71-A-2 POSTINGS & MAILINGS NO WRITTEN PROTESTS RESUME PUBLIC-HEARING DECLARED CLOSED 71-A-2 RES. NO. 71-50 ORDER ABATEMENT 71-A-2) SECTION 2 90" DAYS TO ABATE RES. NO. 71-50 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 70-N-36 POSTINGS & MAILINGS NO WRITTEN PROTESTS RESUME PUBLIC HEARING DECLARED CLOSED 70-N-36 RESOLUTION NO. 71-51 CONFIRMING THE CITY MANAGER'S RES. NO. 71-51 REPORT REGARDING CERTAIN SPECIAL ASSESSMENT CONFIRM REPORT 70-N-36) 70-N-36) COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 71-51 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 71-A-5 to determine whether certain vehicles constitute a public nuisance at 3648 Barnes Avenue. Proper postings and mailings had been accomplished. There were no written protests. City Engineer French presented photographs of the vehicles taken this date. Continued) RES. NO. 71-51 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 71-A-5 POSTINGS & MAILINGS NO WRITTEN PROTESTS PHOTOS BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpe785 Regular Meeting of the Baldwin Park City Council As there was no one in the audience desiring to speak either in behalf of or in opposition to 71-A-5, Mayor McCaron declared the public hearing closed. RESOLUTION NO. 71-52 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 71-A-5) City Engineer French stated that under Section 2, a time limit of 30" days should be established. COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 71-52 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 71-A-6 to determine whether a certain vehicle constitutes a public nuisance at 4828 Stancroft Street. Proper postings and mailings had been accomplished. There were no written protests. City Engineer French presented photographs of the car taken this date and stated the car is inooerable; all of the wiring has been removed from the motor area. As there was no one in the audience desiring.to speak either in behalf of or in opposition to 71-A-6, Mayor McCaron declared the public hearing closed. RESOLUTION NO. 71-53 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 71-A-6) City Engineer French stated that under Section 2, a time limit of 30" days should be established. COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 71-53 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 71-C-1 to determine whether failure to construct certain street improvements constitutes a public nuisance at 3537 Cosbey Avenue. Proper postings and mailings had been accomplished. There were no written protests. City Engineer French presented photographs of the property. TESTIMONY WAS GIVEN BY: February 17, 1971 Page 12 PUBLIC HEARING DECLARED CLOSED 71-A-5 RES. KO. 71-52 ORDER ABATEMENT 71-A-5) SECTION 2 30" DAYS TO ABATE RES. NO. 71-52 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 71-A-6 POSTINGS & MAILINGS NO WRITTEN PROTESTS RESUME PHOTOS PUBLIC HEARING DECLARED CLOSED 71-A-6 RES. NO. 71-53 ORDER ABATEMENT 71-A-6) SECTION 2 30" DAYS TO ABATE RES. NO. 71-53 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 71-C-1 POSTINGS & MAILINGS NO WRITTEN PROTESTS PHOTOS TESTIMONY Junior R. Best. 3537 Cosbey, stated that he was not notified he had to have a sidewalk until a year and a half after the permit was taken out. He stated he has not refused to comply, he just hasn't had the money. Mayor McCaron asked if this was part of the procedure for notification. City Engineer French stated this was an older permit, and there had been some difficulty in the past with contractors failing to inform the property owners and they fail to have the permits finaled so it 1s now required that the property owner sign an agreement for curbs, gutters and sidewalks. He stated that, according to the Ordinance, when a permit, is taken, responsibility is assumed JUNIOR R. BEST 3537 COSBEY Continued) BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpeCCW786 Regular Meeting of the Baldwin Park City Council February 17, 197 Page 13 for putting in curbs, gutters and sidewalks. The permit is not finated and occupancy not granted until these improvements are in. He stated that in this case, the permit wasn't finaled but it was an addition to an already occupied structure. A notification was sent out to the property owner picking these items up, and this is probably the first time the property owner realized that the contractor had obligated him to make these improvements. Mr. Best stated he would tike to see the whole street improved with sidewalks, rather than just one or two going in. Mayor McCaron informed him that the procedure is when $1,000 or more improvement is made to property, it requires installation of curb, gutter and sidewalk, and after the block has 50% of the sidewalks in in this fashion, the balance can be put into an assessment district to have the rest of the block completed. As there was no one else in the audience desiring to speak PUBLIC HEARING either in behalf of or in opposition to 71-C-1, Mayor DECLARED CLOSED McCaron declared the public hearing closed. 71-C-1 RESOLUTION NO. 71-54 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 71-C-1) City Engineer French stated that under Section 2, a time limit of 90" days should be established. COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 71-54 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- RES. NO. 71-54 ORDER ABATEMENT 71-C-1) SECTION 2 90" DAYS TO ABATE RES. NO. 71-54 ADOPTED City Engineer French requested that Case 71-C-4 be dropped 71-C-4 DROPPED from the Agenda. There were no objections. FROM AGENDA 00- It was the time and place fixed for a public hearing on 70-C-6 to confirm the City Engineer's report regarding certain special assessment at 3525 Maine 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 70-C-6, Mayor McCaron declared the public hearing dosed. PUBLIC HEARING PUBLIC NUISANCE 70-C-6 POSTINGS & MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED 70-C-6 RESOLUTION NO. 71-55 CONFIRMING THE CITY ENGINEER'S RES. NO. 71-55 REPORT REGARDING CERTAIN SPECIAL ASSESSMENTS CONFIRM REPORT 70-C-6) 70-C-6) COUNCILMAN KING MOVED THAT RESOLUTION NO. 71-55 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 on proposed amendments to the Baldwin Park Personnel Rules and Regulations. RES. NO. 71-55 ADOPTED PUBLIC HEARING AMENDMENTS TO PERSONNEL RULES & REGS City Attorney Ftandrick reviewed previous action by the RESUME BY CITY ATTORNEY Council relating to changes in the City's Personnel Rules RE PERSONNEL RULES & and Regulations. He stated that approximately two months REGULATIONS ago. Council had initiated a proposed change to the Personnel Rules with regard to the procedure available for appeals from Continued) BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpeCCC4787 Regular Meeting of the Baldwin Park City Council February 17, 1971 Page 14 disciplinary action and the subject matter of Grievance Procedures per se. The City Attorney stated a draft of the proposed amendment to these Rules was submitted to the Personnel Board, and the Employees Association has been consulted. The Personnel Board has held a hearing, and the recommendation is that the Rules be changed substantially in accordance with the proposal presented to Council at this time. The changes have been reviewed by representatives of the Employees Association, and they conriurwith the Board's recommendation. City Attorney Flandrick stated that the Employees Association had requested inclusion in the Rules of a proposal in regard to the grievance procedure that would require an employee, prior to filing a format grievance, to submit that grievance to a committee formed by the Association. He stated this had not been included because an employee could not be required to participate in what, in effect, is an ad hoc administrative procedure conducted by the Association; in the case where an employee was not a member of the Association, it would be difficult to compel him to accept this as part of the administrative procedure. The Association could form such a committee and perform this function informally, on a voluntary basis. The City Attorney stated the Association has no objection to the proposed changes, and recommends their adoption. As there was no one in the audience desiring to speak either in behalf of or in opposition to the proposed changes in the Personnel Rules and Regulations, Mayor McCaron declared the public hearing dosed. PUBLIC-HEARING DECLARED CLOSED PERSONNEL RULES REGULATIONS DISCUSSION DISCUSSION Councilman Gregory stated that sometimes hot all the employees are aware of action taken by the Association, and she asked whether there had been a vote by the employees, or whether the changes had been approved just by representatives of the Association. City Attorney Flandrick stated that prior to the Personnel Board meeting, there was a meeting of the Employees Association, and the consensus was that the changes as proposed were acceptable, but they did not wish to see the Council involved in either appellate process, and this was also the Personnel Board's recommendation. COUNCILMAN KING MOVED THAT THE HEARING REGARDING PERSONNEL RULES AND REGULATIONS BE REOPENED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. PUBLIC HEARING REOPENED RE PERSONNEL RULES & REGULATIONS TESTIMONY WAS GIVEN BY: Mr. Ken Caresio, President of the Employees Association, was present at the hearing. Councilman King asked Mr. Caresio whether a vote of the employees had been taken. Mr. Caresio stated there was no formal vote. The matter was reviewed by the Board of the Employees Association, who represent a cross section of the employees. The Board members were asked to talk to the employees'to determine their feelings, and there was no opposition to the Board's recommendations. Mr. Caresio further stated that just prior to the meeting of the Personnel Board, a general employees meeting was held, at which time this matter was considered, and all those attending the general meeting indicated approval of the Board's recommendations. Councilman King inquired what percentage of the employees had attended the meeting. Mr. Caresio indicated that all employees had been notified of the meeting, and that approximately 50 employees were present. Mayor McCaron asked whether there had been any objections to the Association's stand, and Mr. Caresio replied there had not been. Continued) asfe- TESTIMONY KEN CARESIO, PRESIDENT EMPLOYEES ASSOCIATION BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpeRegular Meeting of the Baldwin Park City Council February 17» 1971 Page 15 Councilman Gregory asked whether a11 personnel had received a copy of the proposed changes. The City Attorney replied the changes had been posted and were available to a11 employees, but he did not know how many employees had actually seen them. Councilman Gregory stated her concern was that many times the majority of the employees have not been surveyed. Mayor McCaron stated that if Council wished, perhaps the employees should be canvassed. Councilman Gregory, referring to Page 4, paragraph 3, where it indicates the City shall provide the services of a certified court reporter at all hearings, asked whether a tape recording would be practical. City Attorney Ftandrick stated he had been involved in several contested hearings and in some cases the tape broke or was unacceptable for some reason. He stated that tost-wise, a court reporter might cost $50 or $100, and a transcript 35^ or 40^: a page, but you have a verbatim transcript which is more acceptable. Councilman Hamilton asked Mr. Caresio whether he was satisfied with the proposed changes, and Mr. Caresio replied he was. City Manager Nordby stated, for the record, that since this was a matter which affects the City employees, he has withheld any observations or recomnendations. He stated the welfare of the employees is the primary concern, and whatever they desire, they would have to recomnend to the Council, so he has had no part in this action. Councilman King commented that this change would make the appeal to Council nu11 and void, and Mayor McCaron stated that was correct—there was no appeal to Council under this change. Councilman Gregory stated that the reason this was brought up in the first place was that some of the aggrieved people who have left the City's employ asked for this revision, so that in the future they could come before Council, but now Personnel does not wish this. Councilman Blewett stated he felt rather strongly on the matter—since when a problem does occur involving City personnel the Council is called upon to answer to the citizens, but has no authority. He stated the Councitmen are the elected officials and should be the ones who have the final decision. Councilman King stated he was in agreement with Councilman Blewett, in that the Council represents the people, and if someone wants to carry a grievance to the City Council, he should be able to do so, and he feels Council should have the last say. He stated there is a great expenditure in training and so forth, and if there is something radically wrong, the Council should be aware of it. Councilman Gregory stated she felt Council men King and Blewett had made good points. She stated she felt Council should be kept abreast of the happenings at City Hall, even though Personnel doesn't feet Council needs to be involved because of politics". She stated Council should be fully aware of what goes on within the organization. Councilman King reiterated he feels Council should have the last say, and disagrees with the Association's stand, because Council represents the people and must not shun that duty. Councilman Hamilton stated the other Councilmen had made valid points, but he felt one thing had been overlooked-- this is for the benefit of the employees of the City, and it is what they requested. He stated the Personnel Board is very competent and very capable of handling situations, and apparently the employees feet this way and prefer that Council not enter into it, and he stated he felt Council Continued) BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpe0004^8^ Regiilar Meeting of the Baldwin Park City Council February 17. 1971 Page 16 should adopt the Resolution as the employees request. Councilman King stated he knew that some time ago there were a few people who would like to have had the opportunity to be heard before Council. He further stated that if there is one individual working for the City who would like this opportunity, in his thinking, that is sufficient. Councilman Blewett stated the appeals procedure as he recommended several months ago allows the employee, if he so desires, the opportunity to appeal to Council. The employee does not have to take it any further than the Personnel Board, buy why not give him the extra benefit of appealing. Councilman King stated all organizations should have the right of appeal to the top level of government. Mayor McCaron stated that the Personnel Board consists of two members selected by the Employees Association, two members selected by the Council, and one member who is selected by those four members. He stated the employees feel that any judgment coming from the Personnel Board will be fair, and they are willing to accept whatever they decree as final judgment, and in that case, an employee still has regress in the courts. The Association wilt back the employee provided they feel he has a valid complaint. Mayor McCaron stated there is no power taken from the Council. Council has the power at any time to rescind by resolution any action of the Personnel Board if they feel it is not fair. Councilman King asked what the cost would be for an employee to take a matter to court. City Attorney Flandrick stated the cost would be substantial. City Attorney Flandrick pointed out that two different things were being considered—disciplinary action, where an employee does something wrong, it's discovered, and action is taken; and the other matter is grievances which, by definition in this proposal, is everything other than disciplinary action. The City Attorney stated that, as far as disciplinary action is corcerned, there is no problem. In the absence of a time limitation in terms of the grievance procedure, there could be a decision made by the Personnel Board by which the Council could be bound if this procedure is adopted. Under this, there is no appeal to the Council. Councilman Blewett stated that he felt the entire system was set up wrong, because of the five members of the Personnel Board, four are non-residents of the city. He stated that while this may give them a little more objectivity, it doesn't allow the people the closeness to reach them. He stated that if the people don't like the Council, they can vote them out, but it's hard to get through the Council to the Personnel Board. Councilman Gregory stated that, in view of Mr. Flandrick's observations. Council could possibly find itself in a bind unless the Rules and Regulations were reworded in this area. Mayor McCaron stated the option should remain with the City Council. City Attorney Flandrick stated that the Rules were originally drafted with the thought in mind to give the Board the opportunity to review the question as to how Council should review it if there is an appeal. In a disciplinary action situation, there should be a court reporter present, and if an appeal is filed from the Personnel Board and is a matter for the City Council, then it is proposed that the Council would review the transcript, and if it feels the evidence is sufficient, in terms of completeness, it can be reviewed solely on the transcript, the employee may have a brand new hearing, or at the employee's request the hearing may be reopened because of new evidence, etc. Continued) BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpeC 0?730 Regular Meeting of the Baldwin Park City Council February 17, 1971 Page 17 Councilman Hamilton stated he thought the Personnel Board should be residents of Baldwin Park and Councilman King concurred. Mayor McCaron commented that the Personnel Board was comprised of men chosen by the Association and the City Council. Councilman Blewett stated he felt the citizens of Baldwin Park were paying the way, and they should have some say in what is going on, and the way to do it is have the residents of the city on these commissions, and he stated that as a Councilman he could not give up his authority to non-elected people. Mayor McCaron stated he would be willing to go along with the option to the Council to pick up an appeal. City Attorney Flandrick suggested the hearing be continued and a new draft of the Rules and Regulations be prepared. COUNCILMAN BLEWETT MOVED THAT THE PUBLIC HEARING ON PROPOSED CHANGES TO THE PERSONNEL RULES AND REGULATIONS BE CONTINUED TO MARCH 3, 1971. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. Councilman King stated he would like consideration given to the suggestion that the members of the Personnel Board be residents of the City of Baldwin Park and that the Employees Association be so informed. 00- Mr. E. L. Price, 1014 Loma Verde Street, Monterey Park, from William J. Golden, equity holder, stated he was representing Cleoma L. Marcee. 4848-52 Elizabeth. City Engineer French stated this matter has been before Council at least three times. He stated that in December the property was declared a public nuisance and gave Miss Marcee 60 days to either bring the structure up to the existing code or demolish, which was agreeable to her at the time. City Engineer French stated that the time limit is up, and the City is presently out for bids to demolish. Mr. French stated that Mr. Price had come into his office this date to take out permits to bring the property up to existing code. Prior to issuing a permit, the City Engineer has requested a list of various items and how they will be brought up to code, which will then be reviewed to see if this will bring the property into compliance with the code, and then the permit will be issued. City Engineer French stated the Enforcement Officer, Mr. Palmer, had informed him someone was now stripping the building. Mr. Price stated he had talked to Miss Marcee this evening and she stated she hadn't given anyone permission to tear the building down. He said he asked the man who was tearing it down who gave him permission, and he said Miss Marcee did, because the Building Department was going to tear it down in a day or two anyway. Mr. Price stated he has considerable experience in rehabilitation work in various cities for various contractors, and when he reviewed the list of items needing correction to comply with the code, it appeared to be a minor job. Miss Marcee's nephew totd him they have had three contractors on the job, and paid the last one $6,800, plus a $600 second trust deed. The contactor told them everything had been approved, but Mr. Price stated the Building Department has told him a11 the work has not been approved, although they did not specify which items were approved and which were not. Mr. Price stated it appeared to him the job was almost completed, but he said Mr. Conover, the Building Inspector, had totd him that since Council had declared the property a public Continued) PUBLIC HEARING RE PERSONNEL RULES & REGULATIONS CONTINUED TO MARCH 3. 1971 E.L. PRICE REPRESENTING CLEOMA L. MARCEE 70-N-98 BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpeCW791 Regular Meeting of the Baldwin Park City Council February 17. 1971 Page 18 nuisance it had to be brought into compliance with today's code. Mr. Price stated that most cities where he has worked use the rehabilitation code that was enacted in 1933, which is quite different from today's code. He further stated that if this building has to be brought up to today's code, it is not economically feasible to rebuild it. Mayor McCaron asked whether Mr. Price is part owner of the property. Mr. Price stated he was not an owner, but represents William J. Golden, who has an equity position in the trust deed, and if the building is demolished and a tien put on it, it would reduce his equity in the property. Mayor McCaron asked what Mr. Golden was willing to do to rehabilitate the property. Mr. Price stated Mr. Golden was wilting to rehabilitate the property, but Mr. Price stated he feels that conforming it to the 1933 code should be sufficient. City Attorney Flandrick stated that City Council had conducted a hearing, of which all interested parties were notified, and Council determined that the building was a public nuisance, gave the owner a certain amount of time to conform, and outside of granting an additional amount of time. Council could not change its determination that the property is a public nuisance and the manner in which that nuisance is to be abated without holding another hearing and giving notice of the hearing. The City Attorney stated it is an administrative hearing, and the public hearing has been dosed for a least 60 days, and he further stated he didn't see how Council could reconsider that decision at this point. Mr. Price stated that Miss Marcee has atread spent $15,000 to rehabilitate these two buildings. City Attorney Flandrick stated that the City Engineer had advised Council of the difficulties Miss Marcee has had in terms of rehabilitation, extending back over several years. City Engineer French stated that his office had advised her not to spend the money to rehabilitate, and further statec? that Miss Marcee was advised by tetter that the contracts she had made would not comply with the current code. Mr. French commented that Miss Marcee has had a structural engineer inspect the building, and he advised her it would be too expensive to bring the building up to code. Mayor McCaron asked Mr. Price what he is requesting, and what he feels he can accomplish toward compliance. Mr. Price stated he is witting to comply, but asked if Council had the right, because the building is a public nuisance, to require the building to be brought up to the 1969 or 1970 code. City Attorney Ftandrick responded affirmatively. Mr. Price stated that this is the only city he knows of who does this. Mayor McCaron stated he felt the question as to what had to be done regarding this property had been answered, and asked Mr. Price what he wished to request of Council. Mr. Price asked whether there was any possibility of rehabilitating this building as per the Uniform Building Rehabilitation Code that is used throughout the United States. Mayor McCaron stated he was not familiar with such a code. City Engineer French stated the City has adopted the Uniform Building Code, and that after the public hearing was held, the owner was ordered by City Council to meet this code. Mr. Price stated the code the houses were built under was much different from today's code. Mayor McCaron stated this was understood, but the buildings must comply with today's code. City Engineer French stated that Mr. Price list exactly what he intends to do, come in for a permit and it can be discussed at that time. Mr. Price asked how much time he would have. City Engineer French stated two weeks should be sufficient, and Mr. Pric'? agreed to two weeks. 00- BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpe 0^792 Regular Meeting of the Baldwin Park City Council Mr. Pat Schultz, 13935 Clearcrest Drive, stated he is trying to get a building permit to enclose part of his carport for a washroom to house his washer and dryer, but has run into a problem because the code requires him to put a two-car garage in and pave the area from there to the street. He stated this was quite a bit more expensive than putting in just a washroom, and he would like to be able to have the permit for just the washroom. City Engineer French stated that the two-car garage is required by the Zoning Code because he is eliminating his off-street parking by converting the carport. Mr. Schultz stated that as things are now, he cannot back his truck into the carport, and that by installing a 10-foot driveway he could get his truck down the side and have access to his backyard, which he doesn't have now. City Engineer French informed Council that Mr. Schultz resides on an R-1 single family property. Councilman King stated that if Mr. Schultz could show hardship, perhaps he could build the driveway now and the garage at a later date. Mayor McCaron stated that if Mr. Schultz wants to continue the way he has started, he would have to appear before the Planning Comnission, and obtain a zone variance. Mr. Schultz commented that the zone variance would cost $100, and that didn't seem fair when he couldn't afford to build the garage. Mayor McCaron stated the Ordinance dearly states what must be done, and if you choose a path other than what is set out in the ordinance, this is the way it must be done. Councilman King suggested the City Attorney and the Planning Commission confer regarding a study of the fees for zone variances. Planning Director Chivetta stated that he had suggested that the washer and dryer be put in back of the house with some type of coverage, then the carport would be usable. He stated there would be a public hearing on February 24, 1971 regarding fee schedules. Councilman Hamilton stated that Mr. Schultz' problem appears to fall within the scope of a minor variance, and $100 seems too expensive when a person wants to add to their home because of an increase in family, etc. Councilman Hamilton stated he would like to see a study whereby this fee could be lowered to possibly $25. 00- February 17. 1971 Page 19 PAT SCHULTZ 13935 CLEARCREST DR. City Attorney Flandrick requested District be continued until March to review the plans and place the form. There were no objections. the Ramona Improvement 3, 1971 to allow time documents in proper 00- City Manager Nordby recommended adoption of a resolution supporting any Congressional action on Federal Revenue Sharing. Councilman Blewett commented he had attended the SCAG convention in Newport Beach, following which Congressman Richard Hanna, a member of the Ways and Means Committee, spoke on the subject of revenue sharing. RESOLUTION NO. 71-56 ADVOCATING A FEDERAL REVENUE SHARING PROGRAM COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 71-56 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- FEDERAL REVENUE SHARING RES. NO. 71-56 ADVOCATE FEDERAL REVENUE SHARING PROGRAM RES. NO. 71-56 ADOPTED BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpeIC04T93 Regular Meeting of the Baldwin Park City Council COUNCILMAN GREGORY MOVED THAT THE CITY COUNCIL RECOGNIZE THE BALDWIN PARK POLICE ASSOCIATION AND THE BALDWIN PARK EMPLOYEES ASSOCIATION AS THE APPROPRIATELY DESIGNATED EMPLOYEE UNITS WITH WHICH THE CITY, WHEN NEED ARISES, WILL MEET AND CONFER. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00" City Manager Nordby announced to the audience that the public hearing on Community Redevelopment Agency would be held on March 3, 1971, and that anyone who was interested in obtaining a copy of his report on the subject could do so by contacting his office. 00- City- Engineer French presented a report of work completed under the Short Form 1911 Act on 70-S-21, northeast side of C1overside Street between Feather Avenue and Ahern Drive for sidewalk adjacent to curb and drive approach; 70-S-22, southwest side of Ctoverside between Feather Avenue and Ahem Drive for sidewalk adjacent to curb and drive approach; 70-S-33, southwest side of Merced Avenue between Frazier Street and Baldwin Park Boulevard for sidewalk and drive approach; 70-S-39, southeast side of Athol Street between Egil Avenue and Francisquito Avenue for curb, gutter, sidewalk and drive approach; 70-S-41, northwest side of Puente Avenue between Central Avenue and Pacific Avenue for sidewalk ai?d drive approach; 70-S-42, west side of Benham Avenue between Palm Avenue and Elwin Drive for sidewalk adjacent to curb and drive approach; and 70-S-52, northeast and northwest side of Ardilta Avenue between Dutch Street and the southeasterly city boundary for sidewalk and drive approach. RESOLUTION NO. 71-46 SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORTS OF THE SUPERINTENDENT OF STREETS 70-S-21, 22, 33, 39. 41, 42 and 52) COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 71-46 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- February 17. 1971 Page 20 RECOGNIZE BALDWIN PARK POLICE ASSOCIATION & EMPLOYEES ASSOCIATION PUBLIC HEARING RE COWUNITY REDEVELOPMENT AGENCY MARCH 3, 1971 REPORT OF WORK 70-S-21 S ADJ C&DA) 70-S-22 S ADJ C&DA) 70-S-33 S&DA) 70-S-39 CGS&DA) 70-S-41 S&DA) 70-S-42 S ADJ C&DA) 70-S-52 S&DA) RES. NO. 71-46 SET HEARING DATE 70-S-21, 22, 33, 39, 41, 42 & 52) P.H. MARCH 17, 1971 RES. NO. 71-46 ADOPTED City Engineer French reviewed his report on the initiation P.N. INITIATION of Public Nuisance Case Nos. 71-N-3, 4329 Downing Avenue 71-N-3 and 71-N-4, 3152 Maine Avenue. 71-N-4 RESOLUTION NO. 71-57 SETTING A TIME AND PLACE FOR A HEARING TO DETERMINE WHETHER CERTAIN BUILDINGS AND STRUCTURES CONSTITUTE PUBLIC NUISANCES COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 71-57 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- City Engineer French presented a report of work completed on 70-N-65, 13923 Merced Avenue, and 70-N-99, 3719 Merced Avenue. Continued) RES. NO. 71-57 SET HEARING DATE 71-N-3 & 71-N-4 P.H. MARCH 17. 1971 RES. NO. 71-57 ADOPTED REPORT OF WORK 70-N-65 & 70-N-99 BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpeC C04794 Regular Meeting of the Baldwin Park City Council RESOLUTION NO. 71-58 SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORTS OF THE CITY MANAGER ON WORK COMPLETED UNDER SECTION 3200 ET SEQ. OF THE MUNICIPAL CODE OF THE CITY OF BALDWIN PARK 70-N-65 and 70-N-99) COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 71-58 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 Public Nuisance, Vehicle, Case Nos. 71-A-8, 4405 Walnut Street, and 71-A-9, 14248 Los Angeles Street. RESOLUTION NO. 71-59 SETTING A TIME AND PLACE FOR A HEARING TO DETERMINE WHETHER CERTAIN VEHICLES CONSTITUTE A PUBLIC NUISANCE COUNCILMAN KING MOVED THAT RESOLUTION NO. 71-59 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- City Engineer French presented a request for approval of a master agreement between the City of Baldwin Park and the Los Angeles County Flood Control District for the design of the 1970 Storm Drain Bond Issue Report, Projects 9705 and 1750, and stated these are the projects awarded by Council to Municipal Engineering Consultants, of West Covina. The City Engineer stated the report has been reviewed and approved by the City Attorney. COUNCILMAN HAMILTON MOVED THAT THE MAYOR AND THE CITY CLERK BE AUTHORIZED TO SIGN THE AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR THE DESIGN OF THE 1970 STORM DRAIN BOND ISSUE REPORT, PROJECTS 9705 AND 1750. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- City Engineer French presented a request from property owners for waiving sidewalks in the 13400 block of Demblon Street. City Attorney Ftandrick stated that if Council were to approve the request of the property owners, the significance of it would be that the City would not initiate any short form proceedings for the imposition of sidewalks; however, if any property owner in this area obtained a building permit for an addition or new construction in excess of $1,000, he would be required to put in sidewalks in the absence, at that time, granting by the Council of specific waiver under the Code. Mrs. Doris Martin, 13424 Demblon Street, stated she lives on the cut de sac, and all the neighbors had decided sidewalk wouldn't enhance the street, and also that they didn't need the additional cost. She stated a11 the property owners had signed, with one exception, and that owner lives in Ventura and would probably sign also, except they hadn't sent the petition to her. Councilman King stated that, in his opinion, the only time deletion of curb, gutter and sidewalk should be considered is in the case of undue hardship, or a petition signed by the majority of the people on the block. Councilman Blewett stated he felt sidewatking on cul de sac streets is an unnecessary expense to the homeowner. /« x Continued) February 17, 1971 Page 21 RES. NO. 71-58 SET HEARING DATE 70-N-65 & 70-N-99 P.M. MARCH 17» 1971 RES. NO- 71-58 ADOPTED P.N. INITIATION 71-A-8 & 71-A-9 RES. NO. 71-59 SET HEARING DATE P.H. MARCH 17, 1971 RES. NO. 71-59 ADOPTED STORM DRAIN AGREEMENT BETWEEN CITY OF BALDWIN PARK AND LOS ANGELES COUNTY FLOOD CONTROL MAYOR AND CITY CLERK AUTHORIZED TO SIGN STORM DRAIN AGREEMENT WITH LOS ANGELES COUNTY FLOOD CONTROL DISTRICT PROJECTS 9705 & 1750 REQUEST WAIVER OF SIDEWALKS 13400 BLOCK DEMBLON BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpeCC 05795 Regular Meeting of the Baldwin Park City Council February 17, 1971 Page 22 Councilman Hamilton asked how long the street is. City Engineer French stated the cul de sac is approximately 200 feet. COUNCILMAN BLEWETT MOVED THAT SIDEWALKS ON BOTH SIDES OF THE 13400 BLOCK ON DEMBLON STREET FROM HARLAN STREET TO THE DEAD END OF DEMBLON STREET BE WAIVED. COUNCILMAN KING SECONDED. Discussion regarding specific action to be taken was held. Councilman King stated he seconded the waiver for this particular street only. Councilman Hamilton stated he would not object to waiver on this street, but would not want to make it a permanent thing. Councilman Blewett stated his motion applied only to this street, even though he is against sidewalking cul de sacs. Mayor McCaron asked for clarification as far as putting in sidewalks in the future. City Attorney Flandrick stated that, in effect, this action provides that the City Engineer win not initiate any Short Form proceedings in this block. He further stated that the ordinance requires that if someone obtains a building permit for an addition to their house, they will either have to put in curb, gutter and sidewalk, or obtain a variance. Councilman King stated that if any of the present owners move from the area and the new owners wish sidewalks installed, it should be their prerogative. MOVE TO WAIVE SIDEWALKS BOTH SIDES OF 13400 BLOCK ON DEMBLON There were no objections to the previous motion. motion carried and was so ordered. 00- City Clerk Balkus read by title: The MOTION CARRIED ORDINANCE N0.585 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE ZONING MAP OF SAID CITY, AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE R-1 TO ZONE M-1 ZONE CASE NO. Z-328, PART I) i COUNCILMAN KING MOVED THAT FURTHER READING OF ORDINANCE NO. 585 BE WAIVED. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered COUNCILMAN KING MOVED THAT ORDINANCE NO. 585 BE ADOPTED. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- AT 10:20 P.M. COUNCILMAN BLEWETT MOVED THAT THE CITY COUNCIL ADJOURN. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- ORD. NO. 585 AMEND ZONING MAP Z-328, PART I SECOND READING FURTHER READING WAIVED ORD. NO. 585 ORD. NO. ADOPTED 585 ADJOURN 10:20 P.M L^L^- THELMA L. BALKUS. CITY CLERK APPROVED: V-9 1971 Date of Distribution to City Council: aj. 1971 Date of Distribution to Departments: y 2L___^ 1971 BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 02 17 CC MIN(ÌìÙmpeREGULAR 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 Hamilton led the salute to the flag. Roll Call: Present: COUNCILMEN BLEWETT. GREGORY HAMILTON. KING. AND MAYOR MC CARON FEBRUARY 17. 1971 7:30 P.M. 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, CITY CLERK BALKUS 00- CONTINUATION OF PUBLIC HEARINGS 1. Z-330 Proposed red assification from C-2(A) heavy commercial, one 1) acre or more to develop) to C-2 heavy commercial) or a more restrictive zone on certain real property as follows: AREA 1: Those properties bounded on the Southeast by Baldwin Park Boulevard; on the West by Tracy Street; on the Northeast by Francisquito Avenue; on the Northwest by a line 630 feet Southeast of the center line of Robinette Avenue and running parallel to said Avenue. AREA 11: Those properties bounded on the Northwest by Baldwin Park Boulevard; on the Northeast by Francisquito Avenue, on the Southeast by the Southern Pacific Railroad right-of-way; on the South by the Northeast- erly rear property lines of those properties fronting on Garvey Avenue presently zoned C-1. Initiated by the Baldwin Park Planning Commission. 2. RESOLUTION NO. A Resolution of the City Council of the City of Baldwin Park Amending the Personnel Rules and Regulations of Said City. CONTINUATION OF PUBLIC HEARINGS CONTINUED TO MAY 19. 1971 CONTINUED TO MARCH 3. 1971 AT 10:20 P.M. COUNCILMAN BLEWETT MOVED THAT THE CITY COUNCIL ADJOURN. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00. 4^4, THELMA 1. BALKUS, fcltTV clfeftK DATE: FEBRUARY 18, 1971 TIME: 10:00 A.M. BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 peCC0^783 Regular Meeting of the Baldwin Park City Council COUNCILMAN BLEWETT MOVED THAT RESOLUTION NO. 71-47 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. City Clerk Balkus read by title: RESOLUTION NO. 71-48 OVERRULING AND DENYING PROTESTS AFFECTING WALNUT STREET ASSESSMENT DISTRICT COUNCILMAN BLEWETT MOVED THAT RESOLUTION NO. 71-48 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. City Clerk Balkus read by title: RESOLUTION NO. 71-49 ORDERING THE WORK AND ACQUISITION AND INVITING BIDS AND SCALE OF PREVAILING WAGES IN CONNECTION WITH ASSESSMENT DISTRICT COUNCILMAN BLEWETT MOVED THAT RESOLUTION NO. 71-49 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 Case AZC-43, proposed amendments to the On-Premise Sign Ordinance. Continued from January 20, 1971) City Attorney Ftandrick stated there was one additional correction to the latest draft of the Ordinance. On page 11, sub-paragraph 1) of Section 9838, after the phrase R1 zoned lot", change the period to a comma and follow with if the sign face area is oriented toward such R' zoned lot." With that change, the Staff now recommends the first reading of the Ordinance, at the conclusion of the public hearing. TESTIMONY WAS GIVEN BY: Pete Parenteau, Manager of the Chamber of Commerce, stated he thought it was a very good ordinance". As there was no one else in the audience desiring to speak either in behalf of or in opposition to AZC-43, Mayor McCaron declared the public hearing closed. City Clerk Balkus read by title: ORDINANCE NO. 574, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE ZONING REGULATIONS OF SAID CITY RELATING TO ON-PREMISE SIGNS February 17, 1971 Page 10 RES. NO. 71-47 ADOPTED RES. NO. 71-48 OVERRULE & DENY PROTESTS AFFECTING WALNUT ST. A/D RES. NO. 71-48 ADOPTED RES. NO. 71-49 ORDER WORK & ACQUISITION & INVITING BIDS RE WALNUT STREET A/D RES. NO. 71-49 ADOPTED PUBLIC HEARING ON-PREMISE SIGNS AZC-43 RESUME TESTIMONY PETE PARENTEAU CHAMBER OF COMMERCE PUBLIC HEARING DECLARED CLOSED AZC-43 ORD. NO. 574 AMEND ZONING REGULATIONS ON-PREMISE SIGNS COUNCILMAN GREGORY MOVED THAT FURTHER READING OF ORDINANCE FURTHER READING NO. 574 BE WAIVED. COUNCILMAN KING SECONDED. There were OF ORD. NO. 574 no objections. The motion carried and was so ordered. WAIVED COUNCILMAN GREGORY MOVED THAT ORDINANCE NO. 574 BE INTRODUCED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. City Attorney Flandrick stated the Ordinance would be submitted to the Planning Commission at their next regular Continued) ORD. NO. 574 INTRODUCED BIB] 37659-U01 1971-U02 02-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9973-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06