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HomeMy WebLinkAbout1971 06 16 CC MIN1971 06 16 CC MIN(ÌìÚ}peINDEX JUNE 16, 1971 Page Minutes 4/21/71 & 5/25/71 Approved 1 Treasurer's Report 5/31/71 Received and Filed 1 Res. No. 71-169 Claims & Demands Adopted 1 Public Hearing Z-339 & CP-157 1 Testimony Bernard Perlin 2 Testimony Mr. Guihan and Jay Angelo 3 Z-339 Approved Ord. No. 597 Introduced Second Reading to be Withheld until 3 Structures Removed 4 CP-157 Approved Subject to Conditions set forth by Planning Commission Eliminating Item J". Attorney to Bring Back a Resolution 4 Public Hearing Waiver of On-Site Fire Hydrant Personal Christianity Chapel Dismissed from Agenda 5 70-S-31 5 70-S-34. 70-S-35, 70-S-43, 70-S-49, 70-S-53. 70-S-55 6 Res. No. 71-167 70-S-31, 34, 35. 43, 49, 53 & 55) Adopted 7 i-C-14) Adopted 7 Res. No. 71-171 70-C-14) Adopted 7 Res. No. 71-172 70-C-23) Adopted 7 i-C-23) Adopted 7 Oral Communications, Mr. Edwin Etko, Representing the Baldwin Park Improvement Association, re postponement of change in firearms and salary increases 8 Temporary Use Permit Chamber of Commerce Gas Heating and Air Conditioning Comfort Clinic June 24-30, 1971 Approved 8 John Gordon Appointed Planning Director Effective July 1, 1971 9, 10 & 11 Res. No. 71-170 AMENDING RESOLUTION 70-168 RELATING TO CERTAIN BUDGETARY APPROPRIATIONS Adopted 11 Consideration of Proposed City Charter 11 Request for Refund Lot Split No. 644 11 Referred to Planning for Report 12 Adjourned Meeting Suggested to Consider Budget 12 Res. No. 71-168 71-S-3, 5, 8, 9. 10, 11 & 13) Adopted 13 Res. No. 71-173 70-N-95) Adopted 13 Request for Modification of Lot Splits 279 & 403 Bonnivier 13 Modification Granted, Mayor and City Clerk Authorized to Sign Modification Agreement 14 House Relocations Report from Planning to be Presented to Council 14 Tentative Tract No. 18557 14 Approved Subject to Conditions of Planning Commission Res. No. PC71-35 15 Res. No. 71-174 DENYING AN APPLICATION FOR A ZONE CHANGE CASE NO. Z-330; CITY INITIATED) Adopted 15 Ord. No. 598 AMENDING THE ZONING MAP OF SAID CITY. AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE A-1 TO ZONE R-1 ZONE CASE NO. Z-336) Introduced 16 Ord. No. 599 AMENDING THE ZONING MAP OF SAID CITY. AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE R-3 TO ZONE R-1 ZONE CASE NO. Z-337) Introduced 16 Z-270 to be set for Public Hearing 16 Discussion re C.R.A. Study Committee Mrs. James Q. Gibson 16 Mrs. Amos Slater & Mr. Mike Dargus 17 Adjourned 9:42 P.M.. to Tuesday, June 22, 1971 at 7:00 P.M. 17 BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ}peC004°89 REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue The City Council of the City of Baldwin Park met In regular session at the above place at 7:30 p.m, Councilman McCaron led the salute to the flag, Roll Call: Present: COUNCILMEN BLEWETT. HAMILTON, KING, MC CARON, AND MAYOR GREGORY CITY MANAGER NORDBY. CITY ATTORNEY FLANDRICK. CITY ENGINEER FRENCH, ACTING PLANNING DIRECTOR GORDON, FINANCE DIRECTOR DUNCAN. CHIEF OF POLICE ADAMS. CITY TREASURER CODLING. CITY CLERK BALKUS Also Present: 00- COUNCILMAN KING MOVED THAT THE MINUTES OF APRIL 21. 1971 AND MAY 25. 1971 BE APPROVED AND THAT FURTHER READING BE WAIVED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- COUNCILMAN MC CARON MOVED THAT THE CITY TREASURER'S REPORT OF MAY 31, 1971 BE RECEIVED AND FILED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- RESOLUTION NO. 71-169 ALLOWING CLAIMS AND DEWNDS AGAINST THE CITY OF BALDWIN PARK COUNCILMAN MC CARON MOVED THAT RESOLUTION NO. 71-169 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. Roll call. There were no objections. The motion carried and was so ordered. 00- City Clerk Balkus administered the oath to those In the audience desiring to be heard during the meeting. 00- JUNE 16. 1971 7:30 P.M. FLAG SALUTE ROLL CALL MINUTES OF 4/21/71 AND~5725/71 APPROVED TREASURER'S REPORT MAY 31. 1971 RECEIVED AND FILED RES. NO. 71-169 CLAIMS & DEMANDS 2582 2771 PAYROLL PERIOD 5/16/71 5/31/71 RES. NO. 71-169 ADOPTED OATH PUBLIC HEARINGS: 7:30 p.m. having arrived. It was the time and place fixed for a continued public hearing on Z-339. application for a zone change from R-1 to C-2 on certain real property located at 3575 and 3581 Patrltti Avenue and 12675 Blenheim Street continued from 5/5/71. 5/19/71. and 6/2/71), and CP-157. application for a conditional use permit to operate a service station in accordance with Section 9651 of the Baldwin Park Municipal Code on certain real property located at 3575 and 3581 Patritti Avenue and 12675 Blenheim Street in the R-1 zone continued from 5/19/71 and 6/2/71). Applicant: Bernard Peri in. These cases were combined for the purpose of hearing. Continued) PUBLIC HEARINGS PUBLIC HEARING Z-339 AND CP-157 BERNARD PERLIN BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ}peX 01900 Regular Meeting of the Baldwin Park City Council Proper publication, postings and mailings had been accomplished. There were no written protests* Acting Planning Director Gordon stated that CP-157 was an appeal of a conditional use permit, and Z-339 was a zone change, all on one piece of property located on Ramona Boulevard between the off-ramp of the San Gabriel River Freeway and Syracuse Avenue. The proposal for the zone change Is to change three single-family lots from R-1 to 02; the conditional use permit Is to dear'the houses from the lot and build a gas station on the property. The Planning Commission recommended approval of the construction of the gas station, with the provision that construction of the station not begin until construction of a restaurant was begun on the adjacent property, the applicant 1s appealing this condition because he feels It will take at least 2 to 3 years to begin construction on the restaurant. He stated the staff had researched several alternatives to see If the problem could be resolved equitably; one alternative was to execute an agreement Including a liquidated damage clause whereby the applicant would put up a $10,000 cash deposit to guarantee that the restaurant would be built; however, the City Attorney has said this would probably be unenforceable; a second alternative is to agree with the applicant and proceed with the zone change, modifying the conditions of the conditional use permit to eliminate the requirement that the restaurant construction start first; a third alternative is to agree with the Planning Coimiission's recommendation, which is to proceed with the zone change and deny the appeal of the conditional use permit; if the applicant feels he cannot comply with the Commission's recommendation. Council could deny both the zone change and conditional use permit; if the zone change is approved, second reading could be held until the three houses are removed. He stated the staff recommended the third alternative. TESTIMONY HAS GIVEN BY: Mr. Bernard PerUn, applicant, stated he had made the presentations to the Planning Commission, and wished to reiterate that It was their sincere intent to produce the development as indicated on the drawings. Mr. Perlin presented an aerial photo of Baldwin Park and explained how they placed an overlay on the photograph and pinpointed the various restaurants Tn the area for submission to the tenants for whom th^y develop. He briefly explained their operation, stating he Is an engineer, and they have a professional engineering operation, but are developers as a general partnership, Maier and Perlin; he stated they are not dealers in the sense that they build for sale, and referred to four or five good-sized developments within the City of which they are still the sole owners. He Indicated he mentioned this with regard to enforceabHlty of a liquidated damage clause, in that they Intend to keep It, develop it. and retain private ownership. Mr. Perlin stated that, in the past, they had always acted 1n good faith, and to reinforce that. he reiterated the offer to put up a $10,000 cash deposit In the City's name to be held as liquidated damages. Continued) June 16, 1971 Page 2 PUBLICATION. POSTINGS, MAILINGS NO WRITTEN PROTESTS RESUME TESTIMONY BERNARD PERLIN APPLICANT BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ}pet<wg9l Regular Meeting of the Baldwin Park City Council June 16. 1971 Page 3 Mr* Peri in remarked that he and his attorney had stated to the City Attorney that If the liquidated damage clause were not enforceable for any reason, they would not contest It. He cited current examples of similar developments, one being on the 605 Freeway at Rosecrans, Norwalk, where a service station was developed 3-1/2 years ago, and a Bob's Big Boy was started about three weeks ago. He stated they were one of the most active developers along freeway sites In Southern California, and have never built a restaurant before the service station If It was a freeway- highway-oriented commercial development. He stated that with their reputation at stake, they were not going to default, they also have many other properties to be concerned about In the City, and their good will Is worth more to them than another development* He stated they concur with the 7-page agreement as drafted, are willing to enter Into It 1n good faith, and will not contest It should there ever be a reason to. Mr. Gulhan, 3575 Patrltti, stated that during the month and a half the freeway off-ramp has been In operation, they have been the target of many automobiles. In that people have been throwing bottles, cans, etc. Into their yard and swimming pool; he stated he Is afraid one of the children might be hit or that a car may go off the ramp Into the yard, because there Is no curbing or fencing. City Clerk Balkus again administered the oath. Jay Angelo, 3123 Baldwin Park Boulevard, stated he had known Mr. Maier and Mr. Peri In for five or six years, and they have developed many pieces of property In Baldwin Park and are planning more development in addition to the one being considered tonight. He stated they have always kept their word; this development would Increase revenue, employment. Income, and help the tax roll, and he hoped Council would give them favorable consideration. Councilman McCaron stated that If the rezoning were to be granted, there should be no fee or deposit required; this should be determined on the merits of whether the property Is suitable for the requested zoning, and If allowed. It should be allowed with the regular restrictions called for in the Code. Councilman Blewett did not agree, stating that rather than looking at the deposit as a charge, it could be looked at as Insurance. Councilman McCaron stated that the applicant could forego the entire $10,000 and still not build the restaurant, so it really did not guarantee anything, and to him this was selling11 zoning, and was not basing It on the fact that the area should be rezoned. He stated that the position of the homes In this area had changed. In that the people's lives are In danger, and if this will cure that condition, he felt it should be allowed. Councilman King remarked that he agreed somewhat with Councilman Blewett, but that you cannot legally stipulate conditions to a zone change, such as requiring an individual to put up $10,000. Continued) MR. GUIHAN 3575 PATRITTI OATH JAY ANGELO 3123 BALDWIN PK. BL BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ}pelfc01992 Regular Meeting of the Baldwin Park City Council June 16, 1971 Page 4 City Attorney Flandrick. referring to the draft of the agreement pertaining to the liquidated damage clause, reiterated that. In his legal opinion, there Is serious doubt concerning the enforceablllty of the agreement If the liquidated damage clause Is not supported by the. fa^t that actual damages to the Injured party can be ascertained, In which case It can be. In a11 logic, only a forfeiture clause. He stated that this type of clause Is customarily found 1n construction or similar type contracts, and this Is a zoning device, and to his knowledge there has never been an appellate review of this type of clause. As a further example, he stated that should both Mr. Maier and Mr. Peri In be accidentally killed, their heirs and successors in Interest could not be bound by this agreement* Councilman Hamilton stated there was a definite danger to the three properties involved, and there would be a btenefit to these property owners; there had been no objections by any of the neighbors in the area, and he was in favor of going through with it• He stated he felt the $10,000 deposit should not be required, and he would be willing to accept it on their word. As there was no one else in the audience desiring to speak either in behalf of or in opposition to Z-339 or CP-157, Mayor Gregory declared the public hearing dosed. COUNCILMAN MC CARON MOVED THAT ZONE CHANGE CASE NO. Z-339 BE APPROVED. FIRST READING ON THE ORDINANCE BE HELD. AND SECOND READING ON THE ORDINANCE BE WITHHELD UNTIL THE THREE RESIDENTIAL STRUCTURES HAVE BEEN REMOVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. City Attorney Flandrick read by title: ORDINANCE NO. 597 RECLASSIFYING CERTAIN REAL PROPERTY APPLICANT: PERLIN; CASE NO. Z-339; LOCATION: PATRITTI AVENUE AND BLENHEIM STREET) COUNCILMAN MC CARON MOVED THAT FURTHER READING OF ORDINANCE NO. 597 BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN MC CARON MOVED THAT ORDINANCE NO. 597 BE INTRODUCED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN MC CARON MOVED THAT THE CONDITIONAL USE PERMIT BE ALLOWED SUBJECT TO THE CONDITIONS SET FORTH IN PLANNING COMMISSION RESOLUTION NO. PC71-19, ELIMINATING ITEM J". City Attorney Flandrick stated that if the motion was carried. Council would be presented with a resolution encompassing all the conditions as recommended by the Planning Commission with the exception of the requirement that the restaurant be constructed prior to the service station.facility. COUNCILMAN KING SECONDED THE MOTION., In answer to a question by Councilman Blewett, the City Attorney stated this was excluding the liquidated damage clause. Continued) Z-339 APPROVED; 1ST RDG ON ORD., 2ND RDG WITHHELD UNTIL 3 STRUCTURES REMOVED ORD. NO. 597 Z-339 APPLICANT: PERLIN FURTHER READING WAIVED ORD. NO. 597 ORD. NO. 597 INTRODUCED ALLOW C.U.P. SUBJ. TO P.C. RES. 71-19 DELETE ITEM J" LIQUIDATED DAMAGE CLAUSE EXCLUDED BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ}peCC04S93 *s1 Regular Meeting of the Baldwin Park City Council June 16. 1971 Page f» Councilman McCaron stated he felt either the zoning and the use should be allowed or not allowed^ and there should be no requirement for a liquidated damage clause; his decision was based on eliminating the hazards that exist In the area, Councilman Blewett stated he felt this was an excellent location for a service station; however, he would like to take advantage of Mr. Perlin's offer of the liquidated damage clause for the City's benefit* The motion carried by the following vote: AYES: COUNCILMEN MC CARON, KING, HAMILTON AND MftYOR GREGORY NOES: COUNCILMEN BLEWETT 00- MOTION CARRIED It was the time and place fixed for a public hearing on an appeal. Municipal Code Section 3101, request for waiver of on-slte fire hydrant. Personal Christianity Chapel continued from June 2, 1971). Proper mailings had been accomplished* There were no written protests. City Engineer French requested that this matter be dropped from the Agenda; It had been discussed with representatives of the Fire Department and the Personal Christianity Chapel and the problem had been worked out to the satisfaction of both parties. Councilman Blewett asked for an elaboration on the mutual agreement. City Engineer French stated that the Fire Depart- ment had run flow tests, and after looking at the overall area and the cooperation of Personal Christianity Chapel working with the water company In bringing In higher fire flows and bringing the fire hydrant to their side of the street rather than across the street, and also by providing a fire hydrant which has double openings, the Fire Depart- ment felt that under the present development they could provide adequate protection; however. If there is any additional development, the Fire Department would require on-slte hydrants and additional hydrants; Personal Christianity Chapel is In agreement with this. There were no objections to dismissing the item from the Agenda. 00- It was the time and place fixed for a public hearing on 70-S-31, a Short Form 1911 Act, on the south side of Chelsfield Street between Barnes Avenue and Syracuse Avenue, for Sidewalk and dt^tve app^bacti, to heafr* arty protests in regard to costs. Proper postings and mailings had been accomplished. There were no written protests* Continued) PUBLIC HEARING WAIVER ON-SITE FIRE HYDRANT PERS. CHRIST. CHAPEL MAILINGS NO WRITTEN PROTESTS REQUEST MATTER BE DISMISSED FROM AGENDA RESUME ON-SITE FIRE HYDRANT ITEM DISMISSED PUBLIC HEARING SHORT FORM 70-S-31 S&DA) POSTINGS, MAILINGS NO WRITTEN PROTESTS BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ}pe LCG4S94 Regular Meeting of the Baldwin Park City Council City Engineer French requested that the amount be corrected to read $177*50; this was made necessary because of a tabulation error* It was the time and place fixed for a public hearing on 70-S-34, a Short Form 1911 Act, on the west side of Barnes Avenue between Waltham Street and Bess Avenue, for curb and gutter, to hear any protests In regard to costs. Proper postings and mailings had been accomplished, There were no written protests* It was the time and place fixed for a public hearing on 70-S-35, a Short Form 1911 Act. on the southwest side of Bess Avenue between Syracuse Avenue and Barnes Avenue, for curb and gutter, to hear any protests In regard to costs. Proper postings and mailings had been accomplished. There were no written protests. City Engineer French stated tha^ on Parcel"? the amount should be corrected to read $129.11. It was the time and place fixed for a public hearing on 70-S-43, a Short Form 1911 Act, on the south side of Ramona Boulevard between Earl Avenue and Foster Avenue, for sidewalk, to hear any protests in regard to costs. Proper postings and mailings had been accomplished. There were no written protests. It was the time and place fixed for a public hearing on 70-S-49. a Short Form 1911 Act, on the north side of Atho1 Street between Earl Avenue and Foster Avenue, for curb and gutter, to hear ar^y protests In regard to costs. Proper postings and mailings had been accomplished. There were no written protests. 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 Atho1 Street and Ramona Boulevard, for curb and gutter, to hear any protests in regard to costs. Proper postings and mailings had been accomplished. There were no written protests. It was the time and place fixed for a public hearing on 70-S-55, a Short Form 1911 Act, on the south side of Atho1 Street between Grace Avenue and Foster Street, for curb, gutter, sidewalk and drive approach, to hear any protests in regard to costs. Proper postings and mailings had been accomplished. There were no written protests. Continued) June 16. 1971 Page 6 AMOUNT CORRECTED TO READ $177.50 PUBLIC HEARING SHORT FOR)! 70-S-34 C&G) POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING SHORT FORM 70-S-35 C&G) POSTINGS, MAILINGS NO WRITTEN PROTESTS AMOUNT TO READ $129.11-PARCEL 2 PUBLIC HEARING SHORT FORM 70-S-43 POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING SHORT FORM 70-S-49 POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING SHORT FORM 70-S-53 POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING SHORT FORM 70-S-55 POSTINGS, MAILINGS NO WRITTEN PROTESTS BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ}peCG04995 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 70-S-31, 70-S-34, 70-S-35. 70-S-43. 70-S-49. 70-S-53 or 70-S-55, Mayor Gregory declared the public hearing closed* RESOLUTION NO. 71-167 CONFIRMING CERTAIN REPORTS OF THE SUPERINTENDENT OF STREETS 70-S-31. 34, 35, 43, 49. 53 AND 55) City Engineer French stated that 70-S-31 and 70-S-35 should be amended as discussed, and that under Section 1(f) the word no" should be Inserted. COUNCILMAN BLEWETT MOVED THAT RESOLUTION M. 71-167 BE ADOPTED AS AMENDED 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 confirm the City Engineer's report regarding certain special assessments at 12735 St. James Place. 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 Gregory declared the public hearing closed. RESOLUTION NO. 71-171 CONFIRMING THE CITY ENGINEER'S REPORT REGARDING CERTAIN SPECIAL ASSESSMENTS 70-C-14) COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 71-171 BE ADOPTED 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-C-23, to confirm the City Engineer's report regarding certain special assessments at 4642 Landls Avenue. Proper postings and Mailings had been accompli shed. 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-23, Mayor Gregory declared the public hearing dosed. RESOLUTION NO. 71-172 CONFIRMING THE CITY ENGINEER'S REPORT REGARDING CERTAIN SPECIAL ASSESSMENTS 70-C-23) COUNCILMAN KING MOVED THAT RESOLUTION NO. 71-172 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- June 16. 1971 Page 7 PUBLIC HEARING DECLARED CLOSED 70-S-31, 34, 35, 43, 49, 53, 55 RES. NO. 71-167 CONFIRM COSTS 70-S-31, 34, 35. 43, 49, 53, 55 70-S-31. 35 AMENDED SECTION 1(f) WORD NO- RES. NO. 71-167 ADOPTED AS AMENDED PUBLIC HEARING PUBLIC NUISANCE 70-C-14 POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED 70-C-14 RES. NO. 71-171 CONFIRM COSTS 70-C-14 RES. NO. 71-171 PUBLIC HEARING PUBLIC NUISANCE 70-C-23 POSTINGS. WILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED 70-C-23 RES. NO. 71-172 CONFIRM COSTS 70-C-23 RES. NO. 71-172 ADOPTED BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ} peC604996 Regular Meeting of the Baldwin Park City Council Under Oral Cornnunications, Mr. Edwin Elko. 130&7 Bess Avenue, representing the Baldwin Park Improvement Association, read a tetter from the Association indicating that at their regular meeting on June 16, 1971 the entire City budget was thoroughly discussed, and requesting Council's consideration of the following items: 1) that the decision to change from 38 caliber to 45 caliber sidearms be postponed for one year; and 2) that employees' salary increases not exceed 52 and that supervisory employees be excluded from the increase. The letter further referred to the present austerity, and the fact that private Industry was laying off people, and not granting cost of living Increases, and expressed concern over the constantly rising taxes. The letter commended the administration, the City employees and the Council for the tremendous and constant progress the City Is making. Copy in official files) Councilman McCaron asked why the Association had requested the one year deferment in the sidearms changeover. Mr.'EIko stated there were various reasons, one being considerable risk to other people with heavy artillery" such as the 45 being discharged; he stated that in light of recent court decisions, many officers are reluctant to even draw their weapons and because of the hesitation have been shot with their own guns; he felt that at present a 38 was sufficient. Councilman McCaron suggested that a representative of the Police Department attend the next meeting of the Improvement Association to explain their feeling of the necessity of the heavier weapons* Councilman Blewett pointed out that purchase of the 45's had been approved at the June 11, 1971 budget study session, and Finance Director Duncan stated the funds were appropriated from the current budget and the guns had been purchased. Discussion followed regarding the comparative safety of the 45 versus the 38. Mayor Gregory suggested that the Association request a presentation by a member of the Police Department, and this would answer any questions they might have; Mr. Eiko indicated he would make such arrangements. 00- City Clerk Balkus presented a request by the Chamber of Commerce for a temporary use permit to hold a Gas Heating and Air Conditioning Comfort Clinic, sponsored by the Southern California Gas Company, to be held June 24 through June 30, 1971 from 10:00 a.m. to 9:00 p.m.; a business license has been obtained. She recommended approval of the permit and waiver of temporary use permit fees. COUNCILMAN KING MOVED THAT THE TEMPORARY USE PERMIT FOR A GAS HEATING AND AIR CONDITIONING COMFORT CLINIC ON JUNE 24 THROUGH JUNE 30. 1971 REQUESTED BY THE CHAMBER OF COMMERCE BE APPROVED AND THAT FEES BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- June 16. 1971 Page 8 EDWIN ELKO 13057 BESS AVENUE REP. BALDWIN PARK IMPROVEMENT ASSN. T.U.P.- CHAMBER OF COMMERCE GAS HTG. & AIR COND. CLINIC SPON. BY SO, CALIF. GAS 6/24 6/30/71 T.U.P. APPROVED BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ} peG^W7 Regular Meeting of the Baldwin Park City Council City Manager Nordby stated that since the resignation of Mr. Charles Chivetta, Planning Director, the Assistant City Engineer, Mr* John Gordon, had been filling this position. He stated that the County of Los Angeles had assisted the City in screening eleven applicants; three were eliminated on the basis of their written, credentials as not qualifying; eight appeared before an oral board chaired by Gary Duvall of the County Personnel Office, and the Assistant Administrator of South El Monte and the Planning Director of Bel!flower, Mr. John Gordon attained the top score; second was Mr. Oliver Grant, and third was Mr. Matthew Boden. Mr. Nordby stated it was his recommendation that John Gordon be appointed Planning Director for the City of Baldwin Park effective July 1. at a salary of 7-1/2% over and above the existing salary in the position presently. Mayor Gregory suggested that the salary for the position be considered along with the salaries for all employees at a budget study session. Mr. Nordby stated he would prefer to have the salary question for this position resolved this evening. He indicated that Mr. Gordon had been offered the position of Director of Public Works for the City of Lynwood, and the salary there in the first step was comparable to the one he was suggesting with the 7-1/2% increase, and in the interest of retaining a good man, he would recommend the increase, and he did not feel the position was overpaid, compared with the 19 cities in the San Gabriel Valley. Councilman Blewett stated he agreed with the appointment of Mr. Gordon as Planning Director, but felt all the salaries should be considered at one time in the budget. He stated Mr. Gordon either wants the position or he doesn't want it, and he felt sure the position would be handled fairly in salary discussions. Councilman King asked how long Mr. Gordon had been Acting Planning Director; City Manager Nordby replied it had been since irmiediately following Mr. Chivetta's resignation at the beginning of April. Councilman King stated he felt it proper that 6 months after the first of April, a report should be given to the Council by the City Manager as to whether Mr. Gordon was proving to be satisfactory in the position. City Manager Nordby stated that all miscellaneous employees were on probation for the first six months they are employed, and are reviewed at the end of that period; this also applies in the case of a reclassification or promotion. Councilman King stated he was not discussing Mr. Gordon in his past role as Assistant Engineer, but as Planning Director, which is an entirely different field, and he felt it should be evaluated. Councilman Blewett stated that when he was first approached regarding Mr. Gordon's appointment as Planning Director, he was warm to the idea, but was cold to the idea of changing the management structure of the City Hall, and he ranted assurance from the City Manager, the Planning Director and the City Engineer that no change in the Planning Department will take place as far as the duties and responsibilities of the Planning Director, and it will remain a separate entity. Continued) June 16, 1971 Page 9 APPT. OF PLANNING DIRECTOR JOHN GORDON REC. FOR POSITION OF PLANNING DIRECTOR EFFECTIVE JULY 1. 1971 BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ} peCC(M998 Regular Meeting of the Baldwin Park City Council June 16, 1971 Page 10 City Manager Nordby said the assignment of additional responsibilities to the Planning Director had been discussed, which included a portion of Public Works, probably the Building Department, he would not be involved in the Engineering Department, because the Assistant City Engineer would be replaced. Mr. Nordby stated that the Council appoints a City Manager to operate the City from day to day; he cited a speech by Henry Jackson recently given to the Society on Public Administration in which he stated that if the football coach. Coach Owens, at the University of Washington had his players assigned to him by the Board of Regents and was told to qo out and win all the games, he would probably find himself in difficulty before the end of the season; he stated he knew Council had the authority to reject anyone he recommended, but h^ worked closely with these people and he felt they were the best people for the job, and the Council could either accept or reject it, but he felt Mr. Gordon was being kept out on a limb. Mayor Gregory stated they were discussing the Planning Directorship, and not Mr. Gordon personally, because a11 were in agreement he was well qualified and had certainly surpassed on the test, but if there was a managerial question, it had to be discussed. Councilman Blewett stated that when he was approached regarding the appointment he was asked whether he would accept Mr. Gordon as Planning Director, and he said yes. He was asked whether he would accept the fact that Planning would be somewhat subservient to Engineering, and he said no. He stated he wanted an assurance on the record that this was not going to happen. City Manager Nordby stated he did not believe there was any suggestion that the Planning Director be subservient or subordinate to the Engineering Division, as this is a separate Division, and Council will later consider applicants for that position. He stated the Planning Director will be independent of Engineering, and if Council had not been assured of this before, he felt he had been misunderstood. Councilman King stated there was some question on this, and he had been concerned also. Councilman Hamilton stated that Mr. Gordon had the highest score on the test. he was already with the City, and he and the staff appeared to work very well together, and he could see no reason for all the discussion. COUNCILMAN HAMILTON MOVED THAT JOHN GORDON BE APPOINTED AS PLANNING DIRECTOR OF THE CITY OF BALDWIN PARK. COUNCILMAN MC CARON SECONDED. Councilman Blewett stated his reason for the discussion was so that the public would be aware of what had occurred behind the scenes, because this was their right. Councilman Hamilton stated that at this time he would not Include a salary Increase in the motion; he felt the City Manager's request of 7-1/2% was reasonable for this particular position, but that the salary would be considered fairly at a later date, and he was sure it would be acceptable to Mr. Gordon. Continued) PLANNING DIRECTOR TO BE INDEPENDENT OF ENGINEERING DIVISION JOHN GORDON APPT. PLANNING DIRECTOR BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ} 1971 06 16 CC MIN(ÌìÚ} peo^coo Regular Meeting of the Baldwin Park City Council June 16, 1971 Page 12 streets were put in, that charge is made when the house is sold, and is sold along with it, but sometimes they are sold without any indication to the buyer whether the funds have been deposited for the improvements* He stated that to basically serve the City's needs for streets in all instances, he felt a deposit should be made and held until such time as the street is developed, regardless of the time; he felt none of the lot split deposits should be refunded. He stated that the money can be deposited to earn interest, which should take care of any increase in cost in putting in the improvements, Mr. French stated that, in this case, the deposit is made in a bank or a savings and loan, whereby the person who made the deposit gets the interest that the money accrues, and the City does not get any interest on this. Councilman King concurred with Councilman McCaron in that the City should hold the deposits for future use. Councilman Blewett stated he felt each case should be looked into on its own merit; you can look at some areas and see development, but in this particular area, which is in the area where he, himself, lives, he sees no way that this street is going to go through, because it is completely boxed in with fairly expensive housing. Councilman King asked for clarification of this from the City Engineer. Mr. French stated there was a garage built on a future street easement, but the owner understands that if the City declares that area as a public street dedication, he must remove that garage, because this was taken as part of a tract dedication and remains an open offer of dedication until formally vacated by the City. Councilman King stated he would like to have Mr. Gordon take a look at this matter from a planning standpoint, and report back to the Council. Mayor Gregory directed Acting Planning Director Gordon to re- REFER TO PLANNING search the matter and bring a recomnendation back to Council. FOR REPORT 00- City Manager Nordby commented that there were still some C.M. SUGGESTS budget items unresolved, and suggested Council consider ADJOURNED MTG. TO adjourning to a meeting to study these items. CONSIDER BUDGET He stated he shared Mr. Elko's concern about taxes, and hoped he would direct suggestions and comments to the Board of Supervisors, who reduced the increase from 75 cents to 68 cents, as reported in The Times today; Council has considered no increase in taxes and a possible tax reduction because of the reassessment; the portion of your tax bill that is a City bill is 10% or less each year. Councilman King commented that he had been checking on County salaries, and Leadmen in our City make $738, with a 7.50 increase, and in the County they range from $696 to $865 at the top step; he figured it out on several different items, and there is quite a spread. 00- BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ}pe00^001 Regular Meeting of the Baldwin Park City Council City Engineer French presented a report of work completed under the Short Form 1911 Act on 71-S-3, on the south side, of Olive Street between Bresee Avenue and Stewart Avenue, for sidewalk and drive approach; 71-S-5, on the east side of El ton Avenue between Nubia Street and Olive Street, for curb and gutter; 71-S-8, on the north side of Olive Street between Landis Avenue and Maine Avenue, for curb and gutter; 71-S-9. on the north side of Olive Street between La Rica Avenue and Baldwin Park Boulevard, for sidewalk and drive approach; 71-S-10, on the north side of Olive Street between Eiton Avenue and Fortin Street, for curb and gutter; 71-S-11, on the south side of Olive Street between Walnut Street and Merced Avenue, for sidewalk and drive approach; and 71-S-13. on the south side of Olive Street between Edra Avenue and Baldwin Park Boulevard, for sidewalk and drive approach. RESOLUTION NO. 71-168 SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORTS OF THE SUPERINTENDENT OF STREETS 71-S-3. 5. 8. 9. 10. 11 AND 13) COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 71-168 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN MC CARON SECONDED. There were no objections. The motion carried and was so ordered. 00- t City Engineer French presented a report of work completed on 70-N-95. at 15000 Nubia Street. RESOLUTION NO. 71-173 SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE CITY MANAGER ON WORK COMPLETED UNDER SECTION 3200 ET SEQ.. OF THE MUNICIPAL CODE OF THE CITY OF BALDWIN PARK 70-N-95) COUNCILMAN MC CARON MOVED THAT RESOLUTION NO. 71-173 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- City Engineer French presented a request for modification of easement requirements for Lot Splits 279 and 403. He stated that the applicant had transposed figures on his drawing when he made the request for modification and had written 297", but the correct number Is 279". The ease- ment requirements were that the easement be granted to Bresee Avenue; at the time of development it was two different ownerships, and now Mr. Bonnivler has purchased the four rear lots and requests the easement modified so as to go to a new street, on the east side. Cutler Avenue. This would give Mr. Bonnivler access to a new street and a new area, and would have basically direct access to Stewart Avenue. The City Engineer recoimiended approval of the modification, subject to the modification agreement and that the Mayor and the City Clerk be authorized to sign the agreement. Councilman McCaron asked for clarification of the location of the lot splits, and City Engineer pointed out the location on the wall map. Continued) June 16. 1971 Page 13 REPORT OF WORK SHORT FORMS 71-S-3 S&DA) 71-S-5 C&G) 71-S-8 C&G) 71-S-9 S&DA) 71-S-10 C&G) 71-S-11 iS&DA) 71-S-13 IS&DA) RES. N0^ 71-168 SET HEARING DATE 71-S-3. 5. 8. 9. 10. 11 AND 13 P.H. 7/21/71 RES. NO. 71-168 ADOPTED REPORT OF WORK 70-N-95 RES. NO. 71-173 SET HEARING DATE 70-N-95 P.H. 7/21/71 RES. NO. 71-173 ADOPTED MODIFICATION OF LOT SPLITS 279 AND 403 BONNIVIER BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ}peRegular Meeting of the Baldwin Park City Council 1971 June 16, Page 14 COUNCILMAN MC CARON MOVED THAT THE CHANGES ON BOTH LOT SPLITS BE GRANTED AND THE LOT SPLITS BE MODIFIED ACCORDINGLY. AND THAT THE MAYOR AND THE CITY CLERK BE AUTHORIZED TO SIGN THE MODIFICATION AGREEMENT. COUNCIL- MAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- Acting Planning Director Gordon presented a report regarding house relocations. He stated that about three months ago Council had declared a moratorium on move-ins. Since then the Planning Coinnission has been studying some of the problems with move-ins, and because of this they recommend that Council consider prohibiting all move-ins. In answer to a question by Mayor Gregory, City Attorney Flandrick stated it was not necessary for Council to hold a public hearing, because this was not an amendment to the zoning regulations per se, but is an amendment to other sections of the Code; however, since it does affect development. Council might wish to have a public hearing. Councilman McCaron stated he understood that the Planning Commission had held a public hearing, and he felt Council should have a report from Planning before taking action. COUNCILMAN BLEWETT MOVED THAT THE CITY COUNCIL HOLD A PUBLIC HEARING ON THE MATTER OF PROHIBITING MOVE-INS INTO THE CITY OF BALDWIN PARK. COUNCILMAN KING SECONDED. Councilman McCaron stated that if the Planning Commission held a hearing and if Council had a report from the Commission, then Council could make a determination from that report whether it would be necessary to hold another hearing. COUNCILMAN BLEWETT WITHDREW HIS PREVIOUS MOTION; COUNCILMAN KING WITHDREW HIS SECOND. Mayor Gregory requested that Acting Planning Director Gordon present a report to the Council at the July 7, 1971 meeting* Councilman Hamilton commented that he had seen some very beautiful homes which had been moved into Baldwin Park in the last three years, and he suggested that Council consider this matter carefully before coming to a decision. 00- Acting Planning Director Gordon reviewed his report regarding Tentative Tract 18557. He stated there Is a Resolution of approval from the Planning Commission, and the staff concurs with the Planning Commission recommendation. Councilman McCaron asked how long the cul de sac would be coming in from Betlbrook, and Mr. Gordon stated approxi- mately 750 feet, and that he did not feel this length of cul de sac was a problem. Mr. Gordon stated there was an alternative of cutting a street through, but you would have the added costs for the street besides losing some developable land area. and he did not feet the benefit was enough to justify the extra cost. Continued) CHANGES ON LOT SPLITS 279 AND 403 BE GRANTED MAYOR AND CITY CLERK AUTHOR. TO SIGN MODIFICATION AGREEMENT HOUSE RELOCATIONS MOTION WITHDRAWN REPORT FROM PLANNING TO BE PRESENTED TO COUNCIL 7/7/71 TENTATIVE TRACT NO. 18557 BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ}peRegular Meeting of the Baldwin Park City Council June 16, 1971 Page 15 Discussion followed regarding development In this area. Councilman King suggested that possibly this might be a good time to look Into the matter of forming an improvement district. Mayor Gregory stated that these properties back up on Walnut, and she did not feel the property owners on Walnut would be at all receptive to another assessment district. Discussion followed reaarding the proposed method of servicing the back lots, and Mr. Gordon Indicated that this is a condition of the tract approval. In that If the developer cannot provide access, the subdivision will not be approved. Councilman McCaron suggested that Mr. Gordon check whether there were any deposits made on the part that Is dedicated, and if at any time In the past we had made any refunds on It. City Engineer French stated that the part that was dedicated was in the old lot splits prior to 1964, where the Council accepted agreements that when the area opened up the people would put In the Improvements, and we have no deposits: the owners of that property are now obligated for these full improvements. Acting Planning Director stated that this subdivision, plus the Improvement on Walnut Street will provide a strong shot in the arm" to this area, and a stronq upgrading to it. COUNCILMAN HAMILTON MOVED THAT THE CITY COUNCIL CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION APPROVING TENTATIVE TRACT 18557 SUBJECT TO THE CONDITIONS OF PLANNING COMMISSION RESOLUTION PC 71-35. COUNCILMAN KING SECONDED. Councilman Blewett stated he owned a small Interest in a company that will be doing business with Leadership Con- struction Company, and he would, therefore, abstain from voting. CONCUR WITH P.C. RECOMMENDATION APPROVING TENTATIVE TRACT 18557 Roll call on the motion* vote: The motion carried by the following AYES: COUNCILMEN HAMILTON, KING, MC CARON AND MAYOR GREGORY ABSTAIN: COUNCILMAN BLEWETT 00- City Clerk Balkus read by title: RESOLUTION NO. 71-174 DENYING AN APPLICATION FOR A ZONE CHANGE CASE NO. Z-330; CITY INITIATED) COUNCILMAN MC CARON MOVED THAT RESOLUTION NO. 71-174 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- RES. NO. 71-174 DENY ZONE CHANGE Z-330 RES. NO. 71-174 ADOPTED BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ}pe060^002 Regular Meeting of the Baldwin Park City Council June 16, 1971 Page 16 City Clerk Balkus read by title: ORDINANCE NO, 598 AMENDING THE ZONING MAP OF SAID CITY. AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE A-1 TO ZONE R-1 ZONE CASE NO. Z-336) COUNCILMAN MC CARON MOVED THAT FURTHER READING OF ORDINANCE NO. 598 BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN MC CARON MOVED THAT ORDINANCE NO. 598 BE INTRODUCED. COUNCILMAN KING SECONDED* There were no objections. The motion carried and was so ordered. 00- City Clerk Balkus read by title: ORD. NO. 598 Z-336 A-1 TO R-1 FUFiTHER READING WAIVED ORD. NO. 598 ORO. NO. 598 INTRODUCED ORDINANCE NO. 599 AMENDING THE ZONING WP OF SAID CITY, AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE R-3 TO ZONE R-1 ZONE CASE NO. Z-337) COUNCILMAN MC CARON MOVED THAT FURTHER READING OF ORDINANCE NO. 599 BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN MC CARON MOVED THAT ORDINANCE NO, 599 BE INTRODUCED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- Acting Planning Director Gordon reviewed his report regarding Zone Change Z-270, located at 5035 Eiton between Arrow and Nubia, stating that In 1965 Council held first reading to change from A-1 to M-1 zoning;, second reading was withheld until the owner put In the improvements. Since 1965, the property has been used as a contractor's yard, even though still A-1 and R-1 zoning. The owner has been Informed he must either complete second reading or vacate the use of the property. He stated that because of the time lapse, he requested the hearing be reopened before ordering second reading on the ordinance. COUNCILMAN KING MOVED THAT CASE Z-270 BE SET FOR PUBLIC HEARING. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- Mrs. James Q. Gibson, 13268 Franclsquito, stated she wished to challenge the appointment of Emmitt Waldo to the C.R.A. Study Comnlttee. Mayor Gregory explained that a meeting would be held with Mr. Waldo, Mr. Nordby, and Councilman Hamilton present before any open discussion would be heard, and the matter would be discussed at the next Council meeting. Regarding C.R.A., Councilman Blewett stated he had talked to several members of the Committee who felt they needed direction as far as their study, and he felt Council should outline what they would like the Committee to consider. Continued) ORD. NO. 599 Z-337 R-3 TO R-1 FURTHER READING WAIVED ORO. NO. 599 ORD. NO. 599 INTRODUCED ZONE CHANGE Z-270 CASE Z-270 SET FOR PUBLIC HEARING MRS. JAMES Q. GIBSON 13268 FRANCISQUITO BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ}peC005003 Regular Meeting of the Baldwin Park City Council June 16, 1971 Page 17 City Manager Nordby stated he had been In communication with the Chairman of the Committee, Mr* Ho1man» who had requested a copy of the Law and other material for the Committee. Mrs* Amos Slater stated she was under the Impression that Council was to receive a written communication from the Study Committee. Mayor Gregory stated it had been received, but Council needed time to study It and appropriately reply, and that the matters could be discussed and resolved at the adjourned meeting next week* Mr* Mike Dargus raised a question as to whether the C.R.A. meetings would be open or closed. Mayor Gregory stated that either was permitted; however, she was not in favor of closed meetings, and she would never stand for a closed-door session of a citizens committee appointed by the Council and representing the citizens of Baldwin Park. Councilman King stated it was not Council's Intent in appointing the Committee to have closed-door sessions. He stated he hoped the Committee would re-evaluate this issue, because he felt closed-door sessions would defeat the purpose. Councilman Blewett stated he did not believe the meetings should be closed, but he also did not believe the meetings should be disrupted or held like public hearings. Councilman McCaron asked what the reason was for wanting to hold closed meetings. Mrs. Slater stated that some of the Comnlttee members felt that they had a lot of studying to do to find out about C.R.A. and what it entailed, and some thought they might be intimidated or restricted as to what they might say if certain people were listening. Councilman Hamilton stated he felt it should be up to the Committee; he disagreed with having closed meetings, but he felt the Chairman should control the meetings, and people could speak only with his permission. 00- AT 9:42 P.M. COUNCILMAN MC CARON MOVED THAT THE CITY COUNCIL ADJOURN TO TUESDAY. JUNE 22, 1971 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- ADJOURN 9:42 P.M. TO TUESDAY. 6/22/71 7:00 P.M. THELMA L. BALKUS. CITY CLERK APPROVED: 1971 Date of Distribution to City Council Date of Distribution to Departments: 9 1971 1971 BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ}peAFFIDAVIT OF POSTING NOTICE OF AMOURNHENT OF MEETING STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK THELMA L» BALKUS, being first duly sworn, says and deposes: that I am the duly chosen, qualified and acting City Clerk of the City Council of the City of Baldwin Park; that at a Regular Meeting of the City Council of the City of Baldwin Park held June 16____. 1971 said meeting was ordered adjourned to the time and place specified in the Notice of the Adjournment ATTACHED HERETO: that on June 17 1971 at the hour of 10:00 a,m,. I posted a copy of said Notice at a conspicuous place on or near the door of the place at which said meeting of June 16____, 19 71 was held, / xA^^r TtiELMA L. BALKUS. CITY CLERK Subscribed and sworn to before me this /6? Notary Public in and for said County and State T'TfT/Ki' r /\L THFLMA S. DUNCAN NOTARY PUBLIC'CALtFOftNIA LOS ANGELES COUNTY MyCommission Expirps Feb. 25,1971) 14403 E. Pacific Ave.. Baldwin Park. Calif. 9170e BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 06 16 CC MIN(ÌìÚ}peREGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue The City Council of the City of Baldwin Park met in regular session at the above place at 7:30 p.m. Councilman McCaron led the salute to the flag. Roll Call: Present: COUNCILMEN BLEWETT, HAMILTON, KING, MC CARON, AND MAYOR GREGORY CITY MANAGER NORDBY, CITY ATTORNEY FLANDRICK, CITY ENGINEER FRENCH, ACTING PLANNING DIRECTOR GORDON, FINANCE DIRECTOR DUNCAN, CHIEF OF POLICE ADAMS, CITY TREASURER CODLING, CITY CLERK BALKUS Also Present: 00- AT 9:42 P.M. COUNCILMAN MC CARON MOVED THAT THE CITY COUNCIL ADJOURN TO TUESDAY, JUNE 22, 1971 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- /- &4- y^-^ JUNE 16, 1971 7:30 P.M. FLAG SALUTE ROLL CALL ADJOURN 9:42 P.M. TO TUESDAY, JUNE 22, 1971 7:00 P.M. HELMA L. BALKUS, CITY CLERK DATED: JUNE 17, 1971 TIME: 10:00 A.M. BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 pecco^ Regular Meeting of the Baldwin Park City Council June 16, 1971 Page 11 Councilman King brought up the matter of the title of the particular position, stating that there had been some question as to whether it would remain Planning Director". Mayor Gregory stated this could be considered at a budget session along with the salary question. Roll call on the motion. There were no objections. The motion carried and was so ordered. 00- RESOLUTION NO. 71-170 AMENDING RESOLUTION 70-168 RELATING TO CERTAIN BUDGETARY APPROPRIATIONS MOTION CARRIED RES. NO. 71-170 AMEND RES. 70-168 BUDGETARY APPROP. City Manager Nordby reviewed his report on the resolution, stating that in cases where funds are expended in one department but are covered by availability of funds in another department, these must be approved by the City Council; this does not affect the total over-all budget. COUNCILMAN KING MOVED THAT RESOLUTION NO. 71-170 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. Roll call. There were no objections. The motion carried and was so ordered. 00- City Manager Nordby stated that the City Charter draft had been presented to the Council on April 21, 1971 by the Charter Study Commission, and there might be some provisions of the Charter that Council might wish to amend before it is proposed for an election. He suggested that possibly within the next 30 days Council could meet and discuss the provisions of the Charter. 00- City Manager Nordby requested that City Engineer French elaborate on the request for a refund on Lot Split No. 644. City Engineer French stated this was an old lot split, and application was made before the Board of Zoning Adjustments and the City Council, and the Council, at the request of the Board, took a deposit to guarantee the development of an interior street. The street has not been developed, and Mr. Powell, the applicant for the lot split. Is requesting that his deposit be refunded, and the only way Council can do this is to modify the approval of the original lot split. He stated that prior to 1964, Council had not required deposits, and the greatest problem we have had In opening up some of the interior streets is that previous Council action has not required deposits, and now that the streets are opening, there is difficulty getting people to make the improvements that were required as part of the lot splits; basically, it is a hardship, when the property 1s sold a couple of times and the new owners are faced with the new streets and a bill of anywhere from $800 to $2,000. Councilman McCaron stated he was going to bring up this same point that the homes are usually sold by the original person who applied for the lot split, and this becomes a burden on the person who buys the home. He stated that when Continued) RES. NO. 71-170 ADOPTED CONSIDERATION OF PROPOSED CITY CHARTER REQUEST FOR REFUND LOT SPLIT NO. 644 RESUME BIB] 37659-U01 1971-U02 06-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9987-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06