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HomeMy WebLinkAbout1972 03 01 CC MIN1972 03 01 CC MIN(ÌìÕûpeINDEX March 1. 1972 Page Oath of Office Reserve Officer William Isley 1 B-B Gun Contest Awards Jaycees 1 Minutes 10/6/71 and 2/16/72 Approved 2 Res. No. 72-38 Claims & Demands Adopted as Amended 2 AZC-56. AZC-57, AZC-58, AZC-59 Continued to 3/15/72 2» 3. 4 & 5 SP-23 5 Written Protest Petition Property Owners on Anada & Bleecker 6 Testimony Charles B. Wenzet, Jeanette Elie 6 Testimony Jay Angelo 7 SP-23 Approved 8 72-S-5. 72-S-6. 72-S-7, 72-S-8 8 Written Protest Mr. & Mrs. A1 Kuntz Testimony, Oleta Kuntz 9 72-S-6 Deleted 9 72-S-5, 6, 7, 8 Proceedings terminated for one year 10 Testimony William J. Vandehey re Fortin St. Property 10 71-C-28 10 Res. No. 72-39 71-C-28) Adopted 11 71-C-29 IT Res. No. 72-40 71-C-29) Adopted 11 71-W-39. 71-W-40 11 Res. No. 72-41 71-W-39. 40) Adopted 11 Oral Communications Michael Dargus, James Garrow re Employee Residency 12 Written Communication Mr. & Mrs. James Garrow Commending Progress 12 Bike-for-Life Ride High School Students 12 & 13 RESOLUTION NO. 72-42 DESIGNATING POLLING PLACES AND APPOINTING Adopted ELECTION OFFICERS FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON THE 11TH DAY OF APRIL, 1972 13 RESOLUTION NO. 72-43 ORDERING THE CANVASS OF THE GENERAL MUNICIPAL Adopted ELECTION TO BE HELD ON THE 11TH DAY OF APRIL. 1972. TO BE MADE BY THE CITY CLERK OF THE CITY OF BALDWIN PARK 13 Request for Waiver of Bid and Approval of Purchase TV Equipment for Police Dept. re D.O.T. Grant Drunk Driver Program 13 Comments from James Q. Gibson 14 Bid Procedure Waived Purchase Authorized 14 Social Security Report 14 Agreement Concession Stand. Morgan Park Louise Smart Approved 15 Agreement BPUSD Satellite Park, Vineland School Approved 15 Traffic Comnittee Report re Merced & Olive Res. No. 72-44 Adopted 15 Essex Roller Declared Surplus & Sale Authorized 16 Res. No. 72-45 Adopted Right-of-Way Cert. Rivergrade & Live Oak 16 Request for Waiver & Variance CGS&DA Larry's Wild West Cafe 14858 Arrow Highway 16 Request denied 17 William Jablonski re McMahan's Loading Zone Traffic Hazard 17 & 18 BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕûpeI N D E X March 1, 1972 Page 2 Page ORDINANCE NO. 631 AMENDING THE ZONING MAP OF SAID CITY, AND Adopted REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONES R"3 AND R-1 TO ZONE C-2A ZONE CASE NO. Z-354) 18 ORDINANCE NO. 632 AMENDING THE ZONING MAP OF SAID CITY. AND Adopted REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONES R-2 AND R-3 TO ZONE C-1 ZONE CASE NO. Z-356) 18 Adjourned 9:48 P.M. 18 BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕûpeCOO.5^59 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 King led the salute to the flag. Present: COUNCILMEN BLEWETT. KING, MC CARON AND MAYOR GREGORY Roll Call: Absent: COUNCILMAN HAMILTON MARCH 1, 1972 7:30 P.M. FLAG SALUTE ROLL CALL Also Present: CITY MANAGER MCCALIS, CITY ATTORNEY FLANDRICK. DIRECTOR OF PUBLIC WORKS PERRY, PLANNING DIRECTOR GORDON. FINANCE DIRECTOR DUNCAN, CHIEF OF POLICE ADAMS, CITY TREASURER CODLING, FIRE CHIEF ROY SWANK AND CITY CLERK BALKUS 00- Mayor Gregory and the Council commented that Councilman Hamilton had returned home from the hospital following surgery, and had indicated he might possibly attend this evening's meeting if he were able. 00- City Clerk Batkus administered the Oath of Office to Reserve Officer William Isley, following which Mayor Gregory congratu- lated him and presented him with his.badge. OATH OF OFFICE RES. OFFICER WILLIAM ISLEY 00- Mayor Gregory announced that Mike Scott, President of the Baldwin Park Jaycees, was present this evening for the presen- tation of awards to the top-ranking youngsters in a B-B Gun contest held in connection with a Hunters Safety Program. She stated there had been an excellent turnout for the program, with 140 participants, 110 of them from Baldwin Park, and 80 in the 7-14 age group. The Mayor introduced Mr. Scott. B-B GUN CONTEST AWARDS HUNTER SAFETY PROGRAM SPONSORED BY JAYCEES MIKE SCOTT, PRES. B. P. JAYCEES PLAQUES PRESENTED Mr. Scott stated that the Hunter Safety Course was required to obtain a state hunting license, and the B-B Gun Contest was held along with the Course. He stated that five of the winners would go to the state competition in April. Mayor Gregory presented plaques to the following boys: Gerald Noon Terry McKee Michael McCarty James Howell Tim Shafer Kenny Repp Ed Rattel Donald Wood Mr. Scott thanked Mayor Gregory, Mr. Lucas, Director of Recreation and Parks, and Chief of Police Adams, and their staff members for their assistance in making the program a success, and also thanked the Tribune for publicity. Mayor Gregory commended Mr. Scott and the Jaycees for pro- viding a needed service to the community in working with the young people. 00- BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕûpeOCG5360 Regular Meeting of the Baldwin Park City Council COUNCILMAN BLEWETT MOVED THAT THE MINUTES OF OCTOBER 6, 1971 AND FEBRUARY 16. 1972 BE APPROVED AND THAT FURTHER READING^ BE WAIVED. COUNCILMAN KING SECONDED. There were no objec- tions. The motion carried and was so ordered. 00- RESOLUTION NO. 72-38 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK COUNCILMAN BLEWETT MOVED THAT RESOLUTION NO. 72-38 BE ADOPTED AS AMENDED AND THAT FURTHER READING BE WAIVED. Amended by adding General Warrant No. 4345 payable to J. 0. Castaneda in the amount of $5,636.90, for con- struction of curb, gutter and sidewalk; amended total: $188»749.66). 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- 7:30 p.m. having arrived, it was the time and place fixed for a continued public hearing on AZC-56, amending the Zoning Code Section 9635 to add time limits for conforming to M-1 standards initiated by the Planning Conmission); AZC-57, amending the Zoning Code Sections 9621 through 9624 to add performance and development standards and time limits for compliance in the C-M Zone initiated by the Planning Commission); AZC-58, amending the Zoning Code Section 9642 through Section 9644 to add performance and development standards with time limits for compliance in the M-2 Zone initiated by the Planning Commission); and AZC-59, intent of the Planning Commissio'n to amend Section 9628 to add performance and development standards with time limits for compliance in the M-R Zone initiated by the Planning Commission). Continued from 1/5/72 and 2/2/72) These cases were combined for the purpose of hearing. Proper publication had been accomplished. There were no written protests. i Planning Director Gordon stated that the proposed standards are similar to the M-1 standards adopted in 1968. Under the proposal, the existing uses will have one year to screen off outside storage and trash; the Planning Commission had recomnended the screening off by means of a masonry wall or a view obscuring fence", thereby leaving an option, in that there had been some question on this point. The only time a block wall would be required is when an industrial zone is immediately adjacent to an R-zoned property. The proposed ordinance would also provide that outside uses not customarily conducted outdoors be placed inside buildings, which would aid in eliminating some of the blight in these areas. 00- March 1. 1972 Page 2 MINUTES of 10/6/71 AND 2/16/72 APPROVED RES. NO. 72-38 CLAIMS & DEMANDS 4284 THROUGH 4342 AND 4345 PAYROLL PERIOD 2/1/72 2/15/72 RES. NO. 72-38 ADOPTED AS AMENDED OATH PUBLIC HEARING AZC-56 AZC-57 AZC-58 AZC-59 PUBLICATION NO WRITTEN PROTESTS RESUME BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕûpeC005361 Regular Meeting of the Baldwin Park City Council March 1, 1972 Page 3 Mr, Gordon stated t^e changes were being recommended because the existing standards differ with each M zone, and many of the existing standards are too weak. Many of the M-zoned area are blighted, which makes new industry reluctant to come into the City. It was felt that the new standards would have a great effect on improving the appearance of the M zones, and encourage new business to locate here and lenders to make loans here. Councilman McCaron questioned the footage for side and rear yards as indicated on Exhibit A". Mr. Gordon explained that the drawing was meant to indicate that when the property directly abutted an R zone in the rear, there should be a rear yard of 30 feet. but there were limitations as to what use could be made of this 30 feet. Referring to Item 8 on Page 3 of the proposed ordinance, Councilman McCaron stated this indicated that the 20 feet from the lot line could not be used for parking, and he felt this was limiting the property owner's use of his space too much. Mr. Gordon explained that this restriction was a duplication of the Parking Rules and Regulations in effect in the City, and had not been formulated specifically for this case. He further indicated that this 20 feet could be used for storage. Referring to Item 7 on Page 2, Councilman McCaron stated this appeared to tie the open storage and trash areas together, and all open storage was not necessarily trash. He felt the two items should be separated. He asked whether a view-obscuring fence was required between two manufacturing zones. Mr.-Gordon stated it was, in that some of the industrial outside storage areas were so bad that they were discouraging industrial users from coming in next door, and the idea of this requirement was to try to protect the owner from the neighboring owner's storage. Councilman McCaron felt this was requiring quite a large expenditure, and felt that the Public Nuisance Ordinance could be effective in limiting the trash and outside storage if it'becomes objectionable. He agreed that a fence should be required to block the view from the street, but felt it unnecessary on interior lot lines. f Councilman King felt that if a 6-foot masonry wall were required around the property, the interior enclosure would not be necessary. Referring to Item 3 on Paqe 4» Councilman McCaron questioned the verbiage or the commencement of a new use", statinq this would not be applicable in all cases, specifically citing rental properties, which might have a new use because the new occupant handled different merchandise. City Attorney Randrick concurred with Councilman McCaron's interpretation of the section as written, and suggested deletion of the phrase so that it referred to construction items only. Discussion followed regarding responsibility of a property owner/and or a lessee where improvements were required. Referring to Item 9 on Page 3, which requires a 6-foot masonry wall to be constructed and maintained on any property tine abutting an R zone. Councilman King pointed out that many block walls in the City were in extremely poor Continued) EXHIBIT A" ITEM 8. PAGE 3 PARKING RESTRICTION ITEM 7, PAGE 2 OPEN STORAGE & TRASH AREAS ITEM 3, PAGE 4 NEW USE ITEM 9. PAGE 3 6-FOOT MASONRY WALLS BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕûpeCC05^62 Regular Meeting of the Baldwin Park City Council March 1, 1972 Page 4 condition, and asked what building regulations would apply as far as maintenance. Director of Public Works Perry stated that the Code required a building permit be obtained for any wall of 4 feet or more, and required adequate steel reinforcement. Mr. Gordon pointed out that the steel reinforcement requirement had been in effect for only approximately two years, so some of the older walls would not contain the steel. Councilman King asked that a check be made for violation of the regulations, in that these unstable walls were a hazard, particularly in that they abut R zones where children play. Referring to Item 10 on Page 3, it is required that exterior lighting be directed away from adjacent R-zoned property, and Councilman King felt this should apply to all lots within the area. Mr. Gordon stated this was generally written to protect homes where people were sleeping, in that normally the only complaints received along these lines were where a light was shining in someone's bedroom. Councilman McCaron suggested there be further study on these matters, and that some of the Planning Commission's intentions be clarified. He also felt that the property owners should be notified to give them an opportunity to attend the hearing, so they will understand the exact intent of the ordinance before it is acted upon. In answer to Mayor Gregory's question, Mr. Gordon stated notification was made through publication in the newspaper and posting in three conspicuous places. Discussion followed summarizing points previously considered and which Council wished revised or clarified. Mayor Gregory pointed out that representatives from the Chamber of Commerce had attended the Planning Commission hearing and had no objections to the proposed changes. Councilman McCaron stated he had not heard from any of these people, and felt that they may not have thoroughly understood the proposed ordinance. He reiterated that he felt the affected property owners should be notified of the proposed changes. He stated that if an ordinance were to be adopted by Council, nothing should be left to arbitrary decision; it should be provided for in the ordinance. Further discussion followed regarding enclosures. Councilman King stated that the industrial areas in most cities have not just a view obscuring fence, but a block wall surrounding the property. He did not feel there should be a block wall adjacent to an R zone and not continued on the other sides. He felt a chain link fence would have a very short life expectancy in an M zone. He agreed with Mr. Gordon, stating he felt we should have development standards, so developers know what will take place and knowing that conformity will be required, they will be more apt to build a nicer building. Councilman King felt it would not be necessary to hold this matter over for further study, and felt the questionable matters could be resolved this evening. 00- ITEM 10. PAGE 3 LIGHTING FURTHER STUDY SUGGESTED METHOD OF NOTIFICATION SUMMARY DISCUSSION BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕûpe00^363 Regular Meeting of the Baldwin Park City Council March 1, 1972 Page 5 Councilman Blewett did not feel the standards were too restrictive for modern industry; he felt an investor wanted assurance his money would be protected, and this is what the City is seeking—to set standards. He felt Council could make a decision on the matter this evening. Mayor Gregory suggested separating the open storage" and trash" items in the ordinance. Councilman McCaron felt it still would not be necessary to require a view obscuring fence on the interior lots. Planning Director Gordon felt the screening was one of the most important points in the ordinance, in that a prospective buyer or builder is interested not only in the property he plans to occupy, but in the appearance of the neighboring properties. He stated that if two neighboring properties had identical outside storage and there was no need for screening, there was a variance procedure. Councilman McCaron felt we should get away from variances. Councilman McCaron felt we should serve the people who are in Baldwin Park, and not the prospective residents. Councilman King felt this would serve those who live here by enhancing the area. Councilman Blewett pointed out that the ordinance did not require block walls, but either block walls or view obscur- ing fences. Councilman King stated he would prefer it be restricted to block walls. Councilman Blewett agreed with the ordinance as written, stating he felt it should be either, and in most cases block walls were defaced and became most unattractive. Further discussion followed reviewing various points previously mentioned. Councilman King felt the matter could not be resolved this evening, and suggested the hearing be continued. Mayor Gregory stated the public hearing on Case Nos. PUBLIC HEARING AZC-56, 57. 58 and 59 would be continued to March 15, 1972. CONTINUED TO and directed Planning Director Gordon to notify the Chamber MARCH 15, 1972 of Commerce and to have the areas primarily involved AZC-56, 57, 58, 59 posted. There were no objections. 00- It was the time and place fixed for a public hearing on SP-23, intent of the Planning Commission to adopt the future street adjacent to Pleasant View School. Initiated by the Planning Commission. PUBLIC HEARING SP-23 Proper publication, postings and mailings had been PUBLICATION. POSTINGS accomplished. & MAILINGS Planning Director Gordon stated that SP-23 involved RESUME adoption of a future street on the west side of Pleasant View School connecting Nubia and Anada Streets. He stated that three lot splits had been approved giving dedication for the future street, and a fourth lot split is pending. Mr. Gordon stated that the staff had met with the property owners on December 5, 1971, and four owners, owning nine parcels, were present. Their attitude was mixed; generally, Continued) BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕûpeCC 05.^64 Regular Meeting of the Baldwin Park City Council March 1. 1972 Page 6 they did not object to the specific alignment, but they did not want to develop at this time. The staff explained that they would not have to dedicate and improve the street until they were ready to split their lots and build on the property. At the direction of the Planning Conmission, the staff provided a revised alignment reducing the street right-of-way to 40 feet, and an estimate of the cost for improving each rear lot on the future street $2.500). The revised alignment and the cost estimate were mailed to all abutting property owners. The school would be required to put in their portion of the improvements when their portion of the property is developed. There were no protests at the Planning Commission hearing on January 26, 1972, and two owners were in favor. On February 7, 1972 a petition was received signed by six of the ten property owners on Bleecker and two owners on Anada, protesting the future street. Mr. Gordon presented three alternatives for Council's consideration: 1) Approve the specific plan for a new street as the Planning Commission recommends; or 2) Approve a specific plan for a new street from Nubia to 4924 Bleecker; or 3) Return to Planning Commission for a revised recommenda- tion. Mr. Gordon reviewed his report on the purpose of future streets, concluding that the purpose was to encourage neighbor- hoods of single-family owner-occupied homes with their own street frontage and to prevent the construction of rental multi-unit housing in the R-1 zone. TESTIMONY WAS GIVEN BY: r Charles B. Wenzel, 3070 Vineland, owner of the property at 4924 Bleecker Street, was in favor of putting in the street. He stated the lots adjoining his property were not developed and were not much more than weed patches"; this gave him very little incentive to fix up his yard, when it is surrounded by unkempt yards. He felt the street would raise the value of the properties, and that it was what was needed back there. Mrs. Jeanette Etie, 4906 Bleecker Street, stated she had signed the protest petition, and she was under the impression that most of the people had no desire to have the street put in. She felt that the cost of the street was so high that any benefit the owners would realize from the street would be eliminated. She commented also that this was only a projected cost, and the property owners were concerned that the actual cost might be much more. Mrs. El ie stated that because this would not be done as an assessment district, the street would be put in on an indivi- dual piecemeal basis, and she felt this would not benefit the neighborhood in any way, and would probably have a detrimental effect instead. Councilman McCaron asked whether the owners would be in favor of an assessment district. Mrs. Elie stated they were not, because the cost to have an assessment district in such a small area would be prohibitive. Continued) PROTESTS PURPOSE OF FUTURE STREETS TESTIMONY CHARLES B. WENZEL 3070 VINELAND OWNER OF PROPERTY AT 4924 BLEECKER MRS. JEANETTE ELIE 4906 BLEECKER ST. BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕû peCCOWGb Regular Meeting of the Baldwin Park City Council March 1. 1972 Page 7 Mrs. El ie stated she would be in favor of the street if everyone would agree to make the improvements at one time. She inquired whether there was a possibility of changing the zoning to allow for apartments on the large lots. Councilman King felt R-3 zoning would not be feasible for the area. For the record. City Clerk Balkus stated that Council had received copies of the protest petition to which Mrs. El ie referred. Jay Angeto, Realtor, 3123 Baldwin Park Boulevard, stated he represented a builder whose interests would be affected by Council's decision regarding the proposed street. He stated the builder was presently working in the area, and the continuation of his building project was contingent upon the outcome of this hearing. Mayor Gregory inquired about the piecemeal method of putting in the street, as Mrs. El ie had pointed out. Mr. Gordon, referring to the map on SP-23, indicated that Mr. Angelo was referring to Parcel Map 807, which was on Nubia; below that were two parcels already dedicated, the next not dedicated, and the next one dedicated. He stated that when the builder on P.M. 807 was ready to make his improvements, the City would try to work with the property owners to see if arrangements could be made to at least have the paving completed down to 4924 Bleecker. In answer to Councilman Blewett's question as to who would bear the cost of the paving, Mr. Gordon stated that, usually, the builder would offer the property owners a price, and then he would take care of the parcel map and the improvements, so that the property owners would benefit by this if they are ready to develop; he stated there was no benefit to an owner who never intends to develop or sell his property; however, a street at the rear usually adds to the value of the property. Councilman McCaron asked why the dedication had been cut from 38 feet to 30 feet and 10 feet of the school property was now included. Mr. Gordon stated they wanted to minimize the taking of the private property, and that even though the school felt no advantage in having the street at the present time. at some time in the future it could be of benefit to them, so an attempt was made to distribute the burden of putting in the street. Councilman Blewett asked Mrs. El ie whether it was her intention to develop her property. She stated it was not; they had purchased the property because it did have a large lot. They have a pool and their* yard is landscaped, and they want to keep it that way. Discussion followed regarding deep-lot development. Councilman McCaron stated he was not in favor of deleting a future street when it could be developed to serve interior parcels. He pointed out that Mrs. El ie would not be forced to subdivide her lot, and could keep it as it is; however, the street would open up the area and provide access for the people who do wish to subdivide their property. Continued) COUNCIL RECEIVED PROTEST PETITION JAY ANGELO, REALTOR 3123 BALDWIN PK. BL DISCUSSION BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕû peX105^66 Regular Meeting of the Baldwin Park City Council March 1. 1972 Page 8 Councilman King stated that the City Council had set a precedent some years ago in that if there were three lots, the last lot would have to face a street; two lots could be a covenant under one ownership. He felt it would be difficult for this Council not to pursue the development of this street, because of all those who had been required to develop in the past. Councilman Blewett felt we need street development, and that this would not infringe on the Flies' property rights, because they still had the option of maintaining their large lot, but yet it would extend the other people's property rights. Councilman King suggested deferring the matter to allow Mr. Gordon to confer with the property owners to determine the most economical way to develop this street. The three alternatives presented by the staff were reviewed. Councilman McCaron stated it would appear that present demands would be the development of the street down to 4924 Bleecker*, which would open up the area for those who want to develop at the present time. and if the others want to develop in the future, they can add to it at that time. Councilman King asked whether the continuous street was needed at this time. Planning Director Gordon stated he was in agreement with the Planning Commission's recommendation to adopt the entire street now, and anyone who does not want to develop now would not have to. Mr. Gordon stated the staff had met with the property owners, as Councilman King suggested, and most of them indicated they did not wish to develop now, and this proposal gives them this privilege. Mayor Gregory commented that Alternative No. 2 appeared to be a good one. As there was no one else in the audience desiring to speak either in behalf of or in opposition to SP-23, Mayor Gregory declared the public heaMng closed. COUNCILMAN MC CARON MOVED THAT THE CITY COUNCIL APPROVE THE SPECIFIC PLAN AND THAT THE STREET BE DEVELOPED AS FEASIBLE IN ACCORDANCE WITH DEDICATIONS ALREADY MADE. AND THAT THE STREET BE CHANGED TO THE NEW PATTERN INDICATED ON THE MAP DATED 1/18/72. 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 Short Form Case Nos. 72-S-5, on the west side of El ton Street between Olive Street and Nubia Street, for curb and gutter; 72-S-6, on the east side of Fortin Street between Olive Street and Nubia Street, for curb and gutter; 72-S-7, on the east side of Lante Street between Nubia Street and Olive Street, for curb and gutter; and 72-S-8, on the west side of Lante Street between Olive Street and Nubia Street, for curb and gutter. Proper postings and mailings had been accomplished. Continued) PUBLIC HEARING DECLARED CLOSED SP-23 SP-23 APPROVED PUBLIC HEARING SHORT FORMS 72-S-5 C&G; 72-S-6 C&G; 72-S-7 C&G; 72-S-8 C&G; POSTINGS. MAILINGS BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕû peYOO^B-^ Regular Meeting of the Baldwin Park City Council A written protest had been received regarding Case 72-S-6 from Mr. and Mrs. A1 Kuntz,, 4922 N. Fortin, indicating that the proposed improvements were too expensive and unnecessary. TESTIMONY WAS GIVEN BY: Mrs. Oleta Kuntz, 4922 Fortin Street, stated she wished to affirm her written protest. She asked Council for what particular purpose they were proposing to have curb and gutter installed along this street. Public Works Director Perry stated it had been determined by the City Council and the staff that, for the betterment of the community, this area was in need of these improvements. Mrs. Kuntz stated she did not see how installing curb and gutter on one side of the street would improve it. In answer to Councilman King's question, Mrs. Kuntz stated that the only curb and gutter in the area was down the street where it had been installed in conjunction with new construction. She stated there was less than 50% in. Mr. Perry stated this was correct, and these cases would require a 4/5 vote of the Council for initiation. Mrs. Kuntz again asked why there was a particular need for curb and gutter in this particular part of town. Councilman King replied that there was a dire need for curb and gutter throughout the entire community, for the safety of pedestrians, traffic circulation, and to avoid health hazards by allowing the street sweeper to go through the areas. He concurred with Mrs. Kuntz, however, in that if 50% or more of the curb and gutter were not installed, past procedure should be followed; however, at such time as there is 51%, he felt curb and gutter should be installed throughout the entire area. Mrs. Kuntz pointed out that this was a poor area of town, and the expense would be a hardship on many of the families. Planning Director Gordon explained that if the people did not wish to pay the bill when the work was done, it would be put on their taxes, and they would have from one to two years to pay, depending upon when the liens were recorded. Mrs. Kuntz stated that she understood the property owner could engage a private contractor to do the work, but stated,that most contractors did not want to do this type of a job. Councilman King stated he had been in the posi- tion of needing work done, and he found that the contractor's price was approximately the same as the City's, so he had asked the City to do the work. Councilman Blewett pointed out that the City's price on concrete work is most reasonable, and that the price of concrete consistently rises each year. Mayor Gregory stated that Case 72-S-6 would be deleted from the Resolution for the present time. Councilman McCaron felt that in cases which require a 4/5 vote of Council, and where there are protests, and particu- larly in this section of town, the work should be deferred until the sewer bonds are paid off, which should be within the next two years. Councilman King concurred. Councilman McCaron commented, however, that it was the City's intention to pave alt of the streets and install as much curb and Continued) March 1. 1972 Page 9 WRITTEN PROTEST 72-S-6 MR. & MRS. AL KUNTZ 4922 N. FORTIN TESTIMONY OLETA KUNTZ 4922 FORTIN ST. DELETE CASE 72-S-6 BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕû 1972 03 01 CC MIN(ÌìÕû pe&005^69 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-C-28. Mayor Gregory declared the public hearing closed. RESOLUTION NO. 72-39 CONFIRMING THE CITY ENGINEER'S REPORT REGARDING CERTAIN SPECIAL ASSESSMENTS 71-C-28) COUNCILMAN KING MOVED THAT RESOLUTION NO. 72-39 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 71-C-29. to confirm the City Engineer's report regarding certain special assessments at 4713 Cutler 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 71-C-29, Mayor Gregory declared the public hearing closed. RESOLUTION NO. 72-40 CONFIRMING THE CITY ENGINEER'S REPORT REGARDING CERTAIN SPECIAL ASSESSMENTS 71-C-29) COUNCILMAN BLEWETT MOVED THAT RESOLUTION NO. 72-40 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-W-39. 4856 Bogart Avenue, and 71-W-40, 14024-28 Ramona Boulevard, in regard to the cost of abating the public nuisance. Proper postings and mailings had been accomplished. There were no written protests. As there was no one in the audience desiring to speak either in behalf of or in opposition to 71-W-39 or 71-W-40, Mayor Gregory declared the public hearing closed. RESOLUTION NO. 72-41 CONFIRMING THE CITY MANAGER'S REPORTS REGARDING CERTAIN SPECIAL ASSESSMENTS 71-W-39) 71-W-40) COUNCILMAN KING MOVED THAT RESOLUTION NO. 72-41 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- March 1. 1972 Page 11 PUBLIC HEARING DECLARED CLOSED 71-C-28 RES. NO. 72-39 CONFIRM COSTS 71-C-28 RES. NO. 72-39 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 71-C-29 POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED 71-C-29 RES. NO. 72-40 CONFIRM COSTS 71-C-29 RES. NO. 72-40 ADOPTED PUBLIC HEARING PUBLIC NUISANCES 71-W-39. 71-W-40 POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED 71-W-39. 71-W-40 RES. NO. 72-41 CONFIRM COSTS 71-W-39. 71-W-40 RES. NO. 72-41 ADOPTED BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕûpeCC05370 Regular Meeting of the Baldwin Park City Council Michael Dargus, 13260 E. Francisquito. stated he would like the Council to consider a requirement that City employees be required to reside in the City after completion of their probationary period. He stated this request had been presented to Council previously, and there had been considerable difference of opinion among the legal profession as to the legality of such a residency require- ment. Mr. Dargus stated that on February 28, 1972. the United States Supreme Court rejected a challenge to regulations requiring policemen to live within the city limits, and he felt that under this ruling, the City Council should undertake a study to institute such an ordinance or regulation. He felt there were too many employees, particularly policemen, hired from outside the City, and that in a city with a population of over 47,000 people he felt there were many qualified people who could be employed by the City. Mayor Gregory asked City Attorney Flandrick if he were aware of the requirements in other cities. Mr. Flandrick stated that most cities with which he was familiar did not have a requirement for residency. Mayor Gregory pointed out that the City of Los Angeles had recently adopted such an ordi- nance. Mr. Flandrick stated he was not familiar with the provisions of the Los Angeles ordinance nor did he know to what class of employees it related. He stated, however, that Mr. Dargus was correct in that there is a substantial difference of legal opinion; there had been a Court of Appeals decision in the State of California declaring that residency is an invalid requirement for public employment. Councilman King was of the opinion that Department Heads should live in the City if they are hired and must make a move; however, he felt it would be difficult to require miscellaneous employees to reside in the City. James Garrow, 1011 N. Baldwin Park Boulevard, stated he was not concerned about the present employees; however, he felt that future employees, especially in the Police Department, should be required to reside,in the City. Mayor Gregory directed City Manager Mocalis to research the matter, check into the new Los Angeles ordinance, and present an informational report to the Council. 00- City Clerk Balkus read a communication to the Council from James A. and Frances Walker Garrow thanking the Council for the fine steps in progress they are making for the City. Mayor Gregory, on behalf of the Council, thanked the Garrows for their letter. 00- City Manager Mocalis reviewed the City Clerk's report regarding a Bike-for-Life Ride in which students from the local high schools will participate on March 12. 1972. He stated that during Operation Big Switch"'on February 23, 1972, the students who participated presented a request to the Council for support of the Ride", which will encom- pass 39.7 miles. Each rider will have a sponsor or Continued) March 1. 1972 Page 12 MICHAEL DARGUS 13260 E. FRANCISQUITO RE RESIDENCY REQMT. FOR CITY EMPLOYEES JAMES GARROW 1011 N. BALDWIN PK. CITY MANAGER TO RESEARCH AND PRESENT REPORT LTR. TO COUNCIL FROM MR. & MRS. JAMES GARROW COMMENDING PROGRESS BIKE-FOR-LIFE RIDE BY HIGH SCHOOL STUDENTS BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕûpeOC05371 Regular Meeting of the Baldwin Park City Council March 1. 1972 Page 13 sponsors who agree to pay so much per mile ridden. The money will be used to try to place the Clean Environment Act" Initiative on the June 1972 Primary ballot'. Mr. Mocalis stated that the Council had not received a direct request from the students for financial support; however, he suggested that if the students wish to contact the City. requests could be taken through the City Manager's office and referred to prospective sponsors. Mayor Gregory cormiended the students for their Interest and efforts in this project. Mr, Mocalis stated he would contact the student who had presented the information to ascertain the particulars, such as disposition of the funds collected, etc. 00- City Clerk Balkus read by title: STUDENTS MAY CONTACT C.M. OFFICE FOR ASSISTANCE RE POSS. SPONSORS STUDENTS COMMENDED RESOLUTION NO. 72-42 DESIGNATING AND APPOINTING ELECTION OFFICERS MUNICIPAL ELECTION TO BE HELD IN THE 11TH DAY OF APRIL, 1972 POLLING PLACES FOR THE GENERAL SAID CITY ON COUNCILMAN KING MOVED THAT RESOLUTION NO. 72-42 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- City Clerk Balkus read by title: RES. NO. 72-42 DESIGNATE POLLING PLACES & APPT. OFFRS 4/11/72 ELECTION RES. NO. 72-42 ADOPTED RESOLUTION NO. 72-43 ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 11TH DAY OF APRIL. 1972. TO BE MADE BY THE CITY CLERK OF THE CITY OF BALDWIN PARK COUNCILMAN MC CARON MOVED THAT RESOLUTION NO. 72-43 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- City Manager Mocalis presented a request for waiver of bid procedure and approval for purchase of television equipment for the Police Department from funds allocated by the Department of Transportation. He stated that a savings of approximately 2W will be realized if the equipment is purchased from the firm of Consolidated Technological Services. Irvine. in that they are purchasing some special equipment for their own use and are obtaining a factory discount; however, the order must be placed by March 16, 1972 in order to take advantage of the savings, and this will not allow sufficient time for the normal,bic| procedure. He stated it was the recommendation of the staff that the bid procedure be waived because it would be uneconomical to follow normal bidding procedure, and that the welfare of the public would be promoted by dispensing with such bid; further, it is recommended that the Council authorize the purchase of the subject equipment. Continued) RES. NO. 72-43 ORDER CANVASS OF GEN. MUN. ELECTION 4/11/72 RES. NO. 72-43 ADOPTED REQUEST FOR WAIVER OF BID AND APPROVAL OF PURCHASE TELEVISION EQUIPMENT FOR POLICE DEPT. RE D.O.T. GRANT BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕûpeI 05372 Regular Meeting of the Baldwin Park City Council James Q. Gibson, 13268 Francisquito, asked what the extent of the purchase was. Mr. Mocal'is stated the estimated pricfe of the purchase was $10,859; the C.T.S. price is $8,972.20, or a savings of $1,886.80. Mr. Gibson asked exactly what the purchase included. Mr. Mocalis replied it was a list of about 25 items, but generally, it was a television system that would be used as part of a federal grant by officers in the field to videotape arrest procedures, etc. in connection with a drunk driver program, for the purpose, hopefully, of cutting down on drunk drivers through increased convictions; in turn, the existing statutes against drunk driving might have more force and effect upon normal citizens. Mr. Gibson asked why there was an urgency on this. Mr. Mocalis explained that C.T.S. had a large contract, and were willing to sell directly to the City at a savings. C.T.S. must place their order by March 16, and bidding procedures would take much longer. Mr. Gibson wondered if C.T.S. would not come up with a competitive price if the equipment were put out to bid. Mr. Mocalis felt they would not offer a better price, in that this discount was only being offered because they were buying equipment for their own use directly from the factory, and were willing to order ours at the same time so that we might realize the discount. Mr. Gibson stated this was the second time in a few months the Police Department had requested waiver of bidding procedure for equipment, and he was just interested in the reason. He stated he was sure the price was a good one, but there was no way to compare it with what the prices might be on a bid. Mr, Mocalis stated this was true; however, the staff had researched and compared prices, and in their opinions, these prices were very reasonable and much lower than if the equip- ment were purchased on the open market. In answer to Councilman McCaron's question. Mr. Mocalis stated the purchase would be made from federal funds which were already available. COUNCILMAN MC CARON MOVED THAT BID PROCEDURE BE WAIVED AND THAT THE CITY COUNCIL AUTHORIZE PURCHASE OF THE SUBJECT EQUIPMENT. COUNCILMAN KING SECONDED. Roll call. There were no objections. The motion carried and was so ordered. 00- City Manager Mocalis reviewed the Finance Director's report regarding Social Security for nine employees who had voted to remain in the program rather than enter the full Public Employees Retirement System Program. The report indicated that Mr, Fiore. Director of the West Covina office of Social Security had outlined steps to be taken under which there was a very slight possibility these nine employees might be retained in the program; however, after further considera- tion, Mr. Fiore had indicated it was not possible. Henry Volmert. who had been the spokesman for the nine employees, had requested that the report be brought before the Council as a matter of record. 00- March 1. 1972 Page 14 JAMES Q. GIBSON 13268 FRANCISQUITO WAIVE BID PROCEDURE AUTHORIZE PURCHASE OF EQUIPMENT SOCIAL SECURITY REPORT BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕûpepro^573 Regular Meeting of the Baldwin Park City Council City Manager Mocalis presented for consideration a Concession Stand Agreement for Morgan Park. He stated the City had advertised for potential operators of the stand, and Louise Smart had applied. She appeared before the Recreation and Parks Commission and satisfied them as to her ability to handle the concession. He recommended that the Council authorize the Mayor and the City Clerk to execute the Agreement, which is sub- stantially the same as past agreements. COUNCILMAN KING MOVED THAT AGREEMENT FOR THE CONCESSION STAND AT MORGAN PARK BE APPROVED AND THAT THE MAYOR AND THE CITY CLERK BE AUTHORIZED TO EXECUTE THE AGREEMENT. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- City Manager Mocalis presented for consideratioh an agreement between the City and Baldwin Park Unified School District for a satellite park at Vineland School. This is the same general form of agreement utilized in previous satellite park developments on school sites. He recommended that the Council authorize the Mayor' and the City Clerk to execute the subject agreement. COUNCILMAN BLEWETT MOVED THAT THE CITY COUNCIL APPROVE THE SUBJECT AGREEMENT AND AUTHORIZE THE MAYOR AND THE CITY CLERK TO EXECUTE THE AGREEMENT. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- Director of Public Works Perry reviewed the Traffic Committee Report regarding a request for installation of stop signs at the intersection of Olive and Merced and for a crosswalk on Merced Avenue, north of Olive Street, He stated that following study of the area, the Committee recommended the following: 1) A four-way stop control be installed at the intersection of Olive Street and Merced Avenue; 2) High-visibility crosswalks be installed for all four directions at the intersection of Olive Street and Merced Avenue; 3) Pavement traffic striping be installed on Merced Avenue, north of Olive Street; 4) Reflectory barriers be installed at Nubia Street and Merced Avenue; 5) A stop sign be installed for southbound traffic on Merced Avenue at Nubia Street; and 6) Regulatory and warning signs be installed as required. He stated the Committee had considered at length the request for a mid-block crosswalk, but had determined that because of the high-accident frequency at mid-block crosswalks, they would not recommend this. RESOLUTION NO. 72-44 IMPOSING CERTAIN VEHICULAR TRAFFIC REGULATIONS COUNCILMAN MC CARON MOVED THAT RESOLUTION NO. 72-44 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- March 1. 1972 Page 15 CONCESSION STAND AGREEMENT. MORGAN PAftK LOUISE SMART AGREEMENT APPROVED MAYOR & CITY CLERK AUTHORIZED TO SIGN AGREEMENT BPUSD SATELLITE PARK VINELAND SCHOOL AGREEMENT APPROVED MAYOR & CITY CLERK AUTHORIZED TO SIGN TRAFFIC COMMITTEE REPORT MERCED & OLIVE MID-BLOCK CROSSWALK NOT RECOMMENDED RES. NO. 72-44 IMPOSE TRAFFIC REGS RES. NO. 72-44 ADOPTED BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕûpeCC05374. Regular Meeting of the Baldwin Park City Council Director of Public Works Perry presented a request that a 5-ton Essex Roller be declared surplus and that authori- zation for sale of the Roller be granted. He stated the Essex had been purchased in 1960 and was presently beyond economical repair. COUNCILMAN MC CARON MOVED THAT THE ESSEX ROLLER BE DECLARED SURPLUS AND THAT AUTHORIZATION FOR SALE OF SAME BE GRANTED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- Director of Public Works Perry stated that in cpnformance with the TOPICS Project, the City must certify right-of-way which has been recently dedicated by United Concrete Pipe, which requires passage of a resolution approving execution of a RIght-of-Way Certificate for Rivergrade Road at Live Oak Avenue. RESOLUTION NO. 72-45 APPROVING AND AUTHORIZING THE EXECUTION OF A RIGHT OF WAY CERTIFICATE FOR RIVERGRADE ROAD AT LIVE OAK AVENUE. PROJECT T-3041 108), CASH CONTRACT NO. 2457 COUNCILMAN MC CARON MOVED THAT RESOLUTION NO. 72-45 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- T Director of Public Works Perry reviewed his report ori a request for a waiver and a variance on property at 14858 Arrow Highway, known as Larry's Wild West Cafe. He stated that on January 8, 1971, a building permit had been issued to Larry Strong, lessee of the property, outlining the description of the work to be performed and the street improvements to be constructed as a condition of occupancy. In September 1971 a notice of permit cancellation was sent to Mr. Strong because of inactivity on the structure. In October 1971, Mr. Strong met with the Building Inspector arid agreed to obtain alt necessary permits, finish all work, submit a plot plan, and install all street improvements on or before December 15, 1971. On February 16, 1972, the lessees submitted the request ifor waiver of street improve- ments on the grounds that construction of curbs, gutters, sidewalks or driveway approaches would be impracticable or unnecessary. Mr. Perry stated it was the recommendation of the staff that the request be denied, in that the improvements to Arrow Highway are a needed betterment of the community and are in agreement with similar improvements previously constructed in this area. COUNCILMAN KING MOVED THAT THE REQUEST FOR A WAIVER AND A VARIANCE BE DENIED. Discussion followed. Councilman McCaron pointed out that the request came from the lessee and not the property owner, and he felt Council should have more information as to whether the property owner had been contacted and why it had been recommended that the lessee pay for the improvements Mr. Perry stated the recommendation was that the lessee be required to install the improvements, and it would be between the lessee and the owner to work out an equitable arrangement regarding financing of the improvements. Continued) Ma^ch 1. 1972 Page 16 DISPOSITION OF ESSEX ROLLER ROLLER DECLARED SURPLUS AND SALE AUTHORIZED RIGHT-OF-WAY CERTIFICATE RIVERGRADE & LIVE OAI' T-3041 108) RES. NO. 72-45 APPROVE & AUTHORIZE EXECUTION OF R/W CERTIFICATE RES. NO. 72-45 ADOPTED REQUEST FOR WAIVER AND VARIANCE OF CGS&DA REQMTS. LARRY'S WILD WEST CAFE 14&58 ARROW HWY. MOTION TO DENY WAIVER AND VARIANCE DISCUSSION BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕûpeC00537S Regular Meeting of the Baldwin Park City Council March 1, 1972 Page 17 Mr. Perry further stated that If the lessee occupied the building and conducted business without construction of the required Improvements, the Public Nuisance Ordinance would then be enacted, this. In turn, would become a 1-ten against the property and would go to the property owner. Mr, P6rry stated the responsibility for payment of the Improvements would depend on the terms stipulated In the lease, and would be between the two parties Involved. Councilman King commented that one or the other would have to pay for the improvements, but this was a private problem between the property owner and the losses; the City had a standard procedure which must be followed. Councilman McCaron felt the lien should be placed against the property, and not hold up the lessee from opening his business. Councilman Blewett stated the lessee had made considerable improvement to the property, and agreed he should no1: be kept from opening his business; however, he felt the curb, gutter, sidewalk and drive approach should be required and a lien placed against the property, if necessary. City Attorney Flandrick clarified that if the improve- ments were not constructed following Council's action this evening, the matter would be processed as a nuisance abatement to cause construction, and the owner and/or the lessee will have to pay for it. He stated that, eventually, the burden would fall on the land owner, and if he had a lease provision requiring the tenant to pay for it, he would be free to erforce the provision. Mr. Perry suggested the possibility of having the owner and/or lessee put up a cash deposit, which could be applied toward the cost of construction of the improvements if made by the City's contractor, or refunded when the improvements were put in by the owner and/or lessee. City Attorney Flandrick commented that if Council denied the waiver, all that was done was to deny the lessee's request to construct the improvements at this time; he would be allowed to open his business. COUNCILMAN BLEWETT SECONDED THE MOTION. There were no objections. The motion carried and was so ordered. 00- William Jabtonski, 3756 Downing Avenue, inquired whether the Traffic Committee had studied or made a report regarding the congestion and dangerous condition created by McMahan's delivery truck loading and unloading at the corner of Maine and Ramona. Ma^yor Gregory explained that the Traffic Committee had studied this area in detail and had made a report to the Council. The store personnel had agreed that their trucks would not park at this location other than to load and unload, and the hours would be restricted from 11:00 a.m. to 3:30 p.m. Chief of Police Adams stated that McMahan's had agreed to stay within the time limit, and a check was kept for Continued) MOTION TO DENY WAIVER & VARIANCE CARRIED WILLIAM JABLONSKI 3756 DOWNING AVE. RE MC MAHAN'S TRUCK LOADING ZONE BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕûpe0005376 Regular Meeting of the Baldwin Park City Council March 1. 1972 Page 18 about a month, and they were In compliance during that time. He stated that to his knowledge* they had not been violating the time limit. 00- City Clerk Balkus read by title: ORDINANCE NO. 631 AMENDING THE ZONING MAP OF SAID CITY. AND REZONING CERTAIN HEREIN_ DESCRIBED REAL PROPERTY FROM ZONES R-3 AND R-1 TO ZONE C-2A ZONE CASE NO. Z-354) COUNCILMAN MC CARON MOVED THAT FURTHER READING OF ORDINANCE NO. 631 BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN MC CARON MOVED THAT ORDINANCE NO. 631 BE ADOPTED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- City Clerk Balkus read by title: ORD. NO. 631 AMEND ZONING MAP Z-354 FURTHER RDG. WAIVED ORD NO. 631 ORD. NO. 631 ADOPTED ORDINANCE NO. 632 AMENDING THE ZONING MAP OF SAID CITY, AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONES R-2 AND R-3 TO ZONE C-1 ZONE CASE NO. Z-356) COUNCILMAN KING MOVED THAT FURTHER READING OF ORDINANCE NO. 632 BE WAIVED. MAYOR GREGORY SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN KING MOVED THAT ORDINANCE NO. 632 BE ADOPTED. MAYOR GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- AT 9:48 P.M.. COUNCILMAN KING MOVED THAT THE CITY COUNCIL ADJOURN. COUNCILMAN MC CARON SECONDED. There were no objections. The motion carried and was so ordered. 00- ORD. NO. 632 AMEND ZONING MAP Z-356 FURTHER RDG. WAIVED ORD. NO. 632 ORD. NO. 632 ADOPTED ADJOURN 9:48 P..M. THELMAL. BALKU$. CITY CL^ftK /<? APPROVED: 77 /a^/C^^' Date of Distribution to City Council:. Date of Distribution to Departments: 1972 t/ /' /a^^J 2^i^ /^ 1972 1972 BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 01 CC MIN(ÌìÕûpeREGULAR 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 King led the salute to the flag. Roll Call: Present: COUNCILMEN BLEWETT, KING, MC CARON AND MAYOR GREGORY Absent: COUNCILMAN HAMILTON Also Present: CITY MANAGER MOCALIS, CITY ATTORNEY FLANDRICK, DIRECTOR OF PUBLIC l^fORKS PERRY, PLANNING DIRECTOR GORDON, FINANCE DIRECTOR DUNCAN, CHIEF OF POLICE ADAMS, CITY TREASURER CODLING, CITY CLERK BALKUS 00- MARCH 1, 1972 7:30 P.M. FLAG SALUTE ROLL CALL CONTINUATION OF PUBLIC HEARINGS 1. a. AZC-56 Amending the Baldwin Park Zoning Code Section 9635 to add time limits for conforming to M-1 standards. Initiated by the Baldwin Park Planning Commission Continued from 1/5/72 and 2/2/72) b. AZC-57 Amending the Baldwin Park Zoning Code Sections 9621 through 9624 to add performance and development standards and time limits for compliance in the C-M Zone. Initiated by the Baldwin Park Planning Commission. Continued from 1/5/72 and 2/2/72) c. AZC-58 Amending the Baldwin Park Zoning Code Section 9642 through Section 9644 to add performance and development standards with time limits for compliance in the M-2 Zone. Initiated by the Baldwin Park Planning Commission. Continued from 1/5/72 and 2/2/72) d. AZC-59 Intent of the Baldwin Park Planning Commission to amend Section 9628 to add performance and development standards with time limits for compliance in the M-R Zone. Initiated by the Baldwin Park Planning Commission. Continued from 1/5/72 and 2/2/72) 00- AT 9:48 P.M., COUNCILMAN KING MOVED THAT THE CITY COUNCIL ADJOURN. COUNCILMAN MC CARON SECONDED. There were no objections. The motion carried and was so ordered. 00- CONTINUATION OF PUBLIC HEARINGS CONTINUED TO MARCH 15, 1972 ADJOURN 9:48 P.M, c^&S^ L^^ HELMA L. BALKUS, CITY CLERK DATED: March 2, 1972 TIME: 10:00 A.M. BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 pefC05368 Regular Meeting of the Baldwin Park City Council March 1. 1972 Page 10 gutter as possible, for the protection of the public. At the present time, when curb and gutter is installed, the City uses gas tax funds to pave the streets. Mr. Perry pointed out that Case Nos. 72-S-5, 7 and 8 fell into the same category as 72-S-6, in that they required a 4/5 vote of the Council for initiation, as 50% of the improvements are not presently in. City Attorney Flandrick suggested that if Council were con- sidering holding these cases over for a substantial period of time that all four cases be terminated and reinstituted at a later date when appropriate. Councilman McCaron agreed. As there was no one else in the audience desiring to speak either in behalf of or in opposition to 72-S-5, 72-S-6. 72-S-7 or 72-S-8, Mayor Gregory declared the public hearing closed. City Attorney Flandrick stated, for the record, that pro- ceedings on these four cases had been terminated by the City Council. Mayor Gregory stated the cases would be reinstituted at a later date. Mr. Perry asked when Council would prefer the staff to again initiate this type of Short Form project. It was the consensus of Council to wait at least a year, which would allow payment of the sewer bonds. William J. Vandehey, 4840 Fortin Street, asked Council's permission to address them. There were no objections. Mr. Vandehey stated that he was against the Fortin Street project. He further stated that he had applied for a building permit, and two weeks later received a notice to get rid of his animals and to put in curbs and gutters. He stated his lot was supposed to be a street, and he did not care if it were made a street, but he would like a decision as to whether it would be or whether he could build a house. Planning Director Gordon clarified Mr. Vandehey's problem by stating that his lot was shown on'the map for a future street. He stated the staff had conferred today to formulate a recommendation on this particular matter to present to the Planning Commission, as to whether the City should consider purchasing his lot or, if not, to let him build on it, and Mr. Vandehey would have an answer as soon as the matter could be presented to the Planning Commission. Mr, Gordon further clarified that the notification regarding animals had no connection with this request, and was merely part of the animal regulation program. He assured Mr. Vandehey that a decision would be forthcoming in the very near future. 00- It was the time and place fixed for a public hearing on 71-C-28, to confirm the City Engineer's report regarding certain special assessments at 4222 Hornbrook Avenue. Proper postings and mailings had been accomplished. There were no written protests. Continued) PUBLIC HEARING DECLARED CLOSED 72-S-5, 6, 7. 8 SHORT FORM PROCEEDINGS TERMINATED 72-S-5. 6. 7. 8 ALLOW ONE YEAR BEFORE INITIATING AGAIN WM. J. VANDEHEY 4840 FORTIN PUBLIC HEARING PUBLIC NUISANCE 71-C-28 POSTINGS. MAILINGS NO WRITTEN PROTESTS BIB] 37659-U01 1972-U02 03-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9963-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06