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HomeMy WebLinkAbout1972 03 15 CC MIN1972 03 15 CC MIN(ÌìÖpe0005377 UNOFFICIAL UNTIL APPROVED 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 Hamilton led the salute to the flag. Present: COUNCILMEN BLEWETT. HAMILTON, KING, MC CARON AND MAYOR GREGORY Roll Call: MARCH 15, 1972 7:30 P.M. FLAG SALUTE ROLL CALL Also Present: CITY MANAGER MOCALIS, CITY ATTORNEY FLANDRICK, DIRECTOR OF PUBLIC WORKS PERRY, PLANNING DIRECTOR GORDON. FINANCE DIRECTOR DUNCAN. CHIEF OF POLICE ADAMS. CITY TREASURER CODLING. CITY CLERK BALKUS 00- COUNCILMAN BLEWETT MOVED THAT THE MINUTES OF OCTOBER 21. 1971 AND MARCH 1. 1972 BE APPROVED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- COUNCILMAN HAMILTON MOVED THAT THE CITY TREASURER'S REPORT OF FEBRUARY 29. 1972 BE RECEIVED AND FILED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- RESOLUTION NO. 72-37 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK COUNCILMAN KING MOVED THAT RESOLUTION NO. 72-37 AND THAT FURTHER READING BE WAIVED. COUNCILMAN SECONDED. Roll call. There were no objections carried and was so ordered. BE ADOPTED HAMILTON The motion 00- MINUTES OF 10/21/71 AND 3/1/72 APPROVED TREASURER'S REPORT OF 2/29/72 RECEIVED AND FILED RES. NO. 72-37 CLAIMS & DEMANDS 4343, 4344 AND 4346 4440 PAYROLL PERIOD 2/16/72 2/29/72 RES. NO. 72-37 ADOPTED 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 Commission); AZC-57, amending the Zoning Code Sections 9521 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 Comnission 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, 2/2/72 and 3/1/72) Continued) OATH PUBLIC HEARING AZC-56 AZC-57 AZC-58 AZC-59 BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpeCCQ^Q- Regular Meeting of the Baldwin Park City Council Proper publication had been accomplished. There were no written protests. Planning Director Gordon requested that this hearing be continued for a month to allow the staff to prepare a slide presentation and to check in detail what is being done in other cities regarding similar situations. TESTIMONY WAS GIVEN BY: Frank Brooks, 1020 Oxford Road, San Marino, stated he had not been present at the last few meetings, and asked whether the action could be summarized. Planning Director Gordon stated that since it would be a month before the matter would again be considered, he would make available copies of the ordinance to anyone who wanted them, and invited people to come into his office to discuss it. Mr. Brooks stated he understood that there must be a view-obscuring fence separating adjoining industrial properties. Mr. Gordon clarified that the only time a fence is required is when there is outside storage. It is required that the outside storage be screened from the street and from adjoining properties. When the industrial property abuts an R zone, there is a require- ment for a block wall adjacent to the R zone. He explained that the main reason for the view-obscuring fences was to eliminate the blighted appearance of many of the properties, which he felt was a deterrent to new business coming into the city» as well as making it difficult to obtain loans to build in the city. Mr. Brooks asked for a definition of view-obscuring". Mr. Gordon stated it could be a block wall, chain link fence with redwood or metal slats, or landscaping. Mayor Gregory stated the public hearing on Case Nos. AZC-56, 57, 58 and 59 would be continued to April 19, 1972. There were no objections. 00- It was the time and place fixed for a public hearing on 71-S-40, on the east side of Syracuse Avenue between Torch Street and Garvey 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 71-S-46, on the south side of Nubia Street between Boret Street and Eiton Street, 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 71-S-47, on the north side of Nubia Street between La Sena Avenue and Azusa Canyon Road, for curb and gutter, to hear any protests in regard to costs. Continued) March 15, 1972 Page 2 PUBLICATION NO WRITTEN PROTESTS REQUEST FOR CONTINUATION OF HEARING TESTIMONY FRANK BROOKS 1020 OXFORD ROAD SAN MARINO PUBLIC HEARING CONT. TO 4/19/72 AZC 56, 57, 58, 59 PUBLIC HEARING SHORT FORM 71-S-40 C&G) POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING SHORT FORM 71-S-46 C&G) POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING SHORT FORM 71-S-47 C&G) BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpeC005^79 Regular Meeting of the Baldwin Park City Council Proper postings and mailings had been accomplished. There were no written protests, It was the time and place fixed for a public hearing on 71-S-49, on the west side of Stewart Avenue between Palm Avenue and Betlgreen Street, for sidewalk and drive approach, to hear any protests in regard to costs. 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-S-40, 71-S-46, 71-S-47 or 71-S-49, Mayor Gregory declared the public hearing closed. RESOLUTION NO. 72-46 CONFIRMING CERTAIN REPORTS OF THE SUPERINTENDENT OF STREETS 71-S-40, 46. 47 & 49) Public Works Director Perry stated that Section 1(f) should read that no" protests were made. COUNCILMAN KING MOVED THAT RESOLUTION NO. 72-46 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- It was the time and place fixed for a public hearing on Ordinance No. 630 amending the Animal Control Ordinance of the City of Baldwin Park. Proper publication and postings had been accomplished. There were no written protests. City Clerk Batkus stated that a public hearing was required before second reading of the Ordinance was held. The Ordinance contained changes in the fees charged for impounding animals. James Q. Gibson requested a brief summary of what the Ordinance encompassed. City Attorney Flandrick stated that some years ago the City had adopted the Los Angeles County Animal Control Ordinance; the action before the Council at this time is an updating of that Ordinance in several minor respects, and the only major change is an increase in fees from $4 to $5 in terms of dog licenses. He stated it was not a new enactment, but a reenactment of an existing ordinance, updating it relating to fees. TESTIMONY WAS GIVEN BY: Charles Carpio, 1867 N. Siesta, asked what protection the citizens would have from loose dogs to compensate for the increase in fees. He stated he lived on the border of West Covina and Baldwin Park, and there were dogs running loose from both sides. Continued) March 15, 1972 Page 3 POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING SHORT FORM 7-I-S-49 S&DA) POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED 71-S-40. 46, 47, 4° RES. NO. 72-46 CONFIRM COSTS 71-S-40, 46, 47, 49 SECTION 1(f) NO" PROTESTS RES. NO. 72-46 ADOPTED PUBLIC HEARING ORD. NO. 630 AMEND ANIMAL CONT. ORD PUBLICATION, POSTINGS NO WRITTEN PROTESTS RESUME SUW1ARY REQUESTED TESTIMONY CHARLES CARPIO 1867 N. SIESTA BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpeCOftS^O1 Regular Meeting of the Baldwin Park City Council March 15, 1972 Page 4 Mayor Gregory informed Mr. Carpio he should contact the Animal Shelter and they would come out to try to pick up the strays. Mr. Carpio asked whether the increase would provide for higher wages for employees, or what it was for. City Manager Mocalis stated that the County of Los Angeles had indicated that the increase was due to their increased costs, which included salaries, cost of food, and the entire cost of the operation. He stated a comparisoh had been made between the fees charged by the County facility and the San Gabriel Valley Humane Society, and it was found they were almost identical. It was also felt thpit having the facility in the City was more desirable than having to use the one in San Gabriel. In answer to Mr. Carpio's question, Mr. Mocalis stated the fees were increased to keep up with the cost of the operation, and did not believe there would be An increase in the scope of services provided. Discussion followed. Mayor Gregory clarified that if Mr. Carpio lived in Baldwin Park he was serviced by the County facility. Mr. Carpio stated he had purchased his licenses through the Humane Society, when the officer had come to the door. Mayor Gregory stated there appeared to be some confusion, and suggested that Mr. Carpio leave his name and address with Mr. Perry, and an attempt would be made to clear up the problem. As there was no one else in the audience desiring to speak either in behalf of or in opposition to Ordinance No. 630, Mayor Gregory declared the public hearing closed. City Clerk Balkus read by title: ORDINANCE NO. 630 AMENDING THE ANIMAL CONTROL ORDINANCE" OF THE CITY OF BALDWIN PARK COUNCILMAN KING MOVED THAT FURTHER READING OF ORDINANCE NO. 630 BE WAIVED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN KING MOVED THAT ORDINANCE NO. 630 BE ADOPTED. 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 Z-357, intent of the Planning Commission to consider a Zone Change from R-1 single family residential) Zone to C-2 general commercial) zone on certain real property located at 14482-14484 Merced Avenue. Applicant: E. W. Van Citters. Proper publication, postings and mailings had been accomplished. There were no written protests. Planning Director Gordon stated the subject property is located at the corner of Merced and Puente, adjacent to the San Bernardino Freeway. The size of the property is Continued) PUBLIC HEARING DECLARED CLOSED ORD. NO. 630 ORD. NO. 630 AMEND ANIMAL CONT. ORD FURTHER RDG. WAIVEO ORD. NO. 630 ORD. NO. 630 ADOPTED PUBLIC HEARING Z-357 APP: E. W. VAN CITTERS PUBLICATION, POSTINGS & MAILINGS NO WRITTEN PROTESTS BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpeC005381 Regular Meeting of the Baldwin Park City Council March 15, 1972 Page 5 about 68,000 sq. ft. The southwesterly half of the lot is zoned C-2; the front half is zoned R-1. The proposed zone change would make the entire property C-2. Mr. Gordon stated the applicant is proposing to develop a restaurant-gas station-motel complex on this site, and reviewed the planned design and construction. He roughly estimated that the City and the School District would realize almost $15,000 each a year from this proposed development. Mr. Gordon further stated that the proposed development would be serviced by the same freeway interchange which services the Howard Johnson Motel and Restaurant, so the two uses would complement each other. He felt it would definitely improve the appearance of the area. TESTIMONY WAS GIVEN BY: E. W. Van Citters, 616 S. Almirante Drive, West Covina, presented several projections of the layout of the proposed restaurant and service station. He stated the motet would be operated by the California Six Motel, and 65 units are planned at this location. It is estimated that the bed-tax revenue on these 65 units would be $6,700. The sales tax revenue from the gas station could be as high as $2,000 a month, of which the City would receive its share. He stated the valua- tion of the proposed project would be about $600,000. and would generate tax benefits of approximately $2,800 to the City. Discussion followed regarding operation of the different factions of the development. Councilman Blewett asked when it was proposed to break ground. Mr. Van Citters replied it was his understanding that the City was going to place a storm drain down Merced, so it would probably be at least six months before ground could be broken. He stated that the pro- posed freeway widening would also have to be considered. As there was no one else in the audience desiring to speak either in behalf of or in opposition to Z-357, M^yor Gregory declared the public hearing closed. Councilman McCaron asked whether all lot lines would be erased and this become all one parcel. Mr. Gordon stated a Parcel Map would be filed on this property; for purposes of ownership and loans, the restaurant and gas station will be on one parcel and the motel on another. There will also be a conditional use permit for the gas station. City Clerk Batkus read by title: ORDINANCE NO- 633 AMENDING THE ZONING MAP OF SAID CITY. AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE R-1 TO ZONE C-2 ZONE CASE NO. Z-357) Planning Director Gordon stated the Planning Commission recommended that second reading of the ordinance be withheld until a precise plan was submitted. Continue^) TESTIMONY E. W. VAN CITTERS 616 S. ALMIRANTE DR WEST COVINA DISCUSSION PUBLIC HEARING DECLARED CLOSED Z-357 ORD. NO. 633 AMEND ZONING MAP Z-357 2ND RDG. TO BE WITH- HELD FOR PRECISE PLAN BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpe0005^82 Regular Meeting of the Baldwin Park City Council COUNCILMAN KING MOVED THAT FURTHER READING OF ORDINANCE NO. 633 BE WAIVED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN KING MOVED THAT ORDINANCE NO. 633 BE INTRODUCE^. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- Under Oral Communications, Mrs. Amos Slater, 4814 Stancroft. addressed the Council. She stated that last evening, the Chamber of Corrmerce Board of Directors voted against having a Candidates* Night" for the first time in the last five elections. She felt the Chamber, subsidized by the taxpayers of the City, should spend some of this money for the people of the City. Mrs. Slater stated that in view of the Chamber's decision, she was requesting that Council waive fees for use of the Civic Auditorium or the Park Building for such a meeting, in that she felt some other civic group must now assume this responsibility to the people of Baldwin Park in order that they may become better informed by listening to and asking questions of the candidates in this very important election year. Mayor Gregory asked whether Mrs. Slater had another civic group in mind. Mrs. Slater stated she did not at this time, but felt that one would assume the responsibility. Councilman King stated the Chamber President ad indicated to him that if the PTA groups sponsoring various Candidates' Nights did not provide enough coverage through the schools, the Chamber would initiate such a forum. Councilman King stated he was in favor of an open forum and felt the candidates should be given more time not only to express their points of view, but to answer questions that the citizens might have. Mayor Gregory asked Mrs. Slater if she would be willing to look further into the matter to determine someone who might sponsor such a forum. Mrs. Slater stated she would do so if Council desired. Ennrit Waldo, President of the Chamber of Commerce, stated that at the Board meeting, they had been informed that different groups within the City wanted to handle this. and the Chamber felt that if the citizens wish to handle a specific thing, they should be given that right. Mr. Waldo stated that at the next Board meeting, if the Chamber Directors feel the candidates have not been given enough time to talk to the people, the Chamber will initiate a forum. He stated the Chamber would give any help they could to the citizens in this area, and would be ready to sponsor a forum if there had not been sufficient exposure. He emphasized that it had not been overlooked. Discussion followed regarding scheduled Candidates' Nights. Councilman King reiterated he felt an open forum should be held in the Auditorium. He felt the candidates had not been given enough time thus far to present their platfonas to the people. Continued) March 15, 1972 Page 6 FURTHER RDG. WAIVED ORD. NO. 633 ORD. NO. 633 INTRODUCED MRS. AMOS SLATER 4814 STANCROFT RE CANDIDATES' NIGHT" COUNCILMAN KING EMMIT WALDO, PRES. CHAMBER OF COMMERCE DISCUSSION BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpeCC05383 Regular Meeting of the Baldwin Park City Council Discussion followed regarding the amount of time that should be allowed for each candidate to speak, and the length of the meeting. Mayor Gregory suggested Mr, Waldo present the information discussed this evening to the Board, and try to reach an equitable solution time-wise. Mr. Waldo stated he would. Jay Angelo stated he wished to speak in defense of the Chamber. He stated that apparently they had received incorrect information, in that they had been informed there were already many meetings scheduled. He felt, in view of what had been stated this evening, that the Board of Directors would back the program. Councilman Blewett suggested that use of the Park Building be considered, rather than the Auditorium, in that the acoustics are much better, and it is, generally, more suitable for this type of function. Councilman McCaron stated that, in the interest of time, perhaps the candidates could just answer questions, rather than making speeches. Ralph Middleton, 13122 E. Corak, felt this was a very important councilmanic election, and every candidate was entitled to give a speech and every member of the audience should have an opportunity to ask questions, and there should be an opportunity for rebuttal. He stated the PTA meetings were not open forums, and did not present opportunity for rebuttal. Mr. Middleton stated that if the Chamber of Commerce or another organization would not sponsor such an open forum, he felt it incumbent upon the Council itself, as a service to the community, to put on such a forum. Mayor Gregory stated that although everyone realized the importance of having sufficient time to speak to the citizens and to answer their questions, if time was not limited, considering the number of candidates, those who spoke first would have an advantage, in that as the evening progresses, people gradually leave. She felt that time must, of necessity, be considered, so that each candidate would have equal time to speak to everyone, Mr. Middleton agreed in point; however, he felt this was so important, and since these were the future leaders of the community, the people should know what they really have to say. He felt there was a definite need for an open forum meeting, in that although the PTA-sponsored meetings were of value, they did not provide the type of exposure an open forum would. Mr. Waldo stated that if the Chamber were to sponsor a forum, they would need to know what was desired as far as date, amount of time to be allotted, etc. Discussion followed. Mayor Gregory appointed a committee consisting of Mrs. Slater and Mr. Middleton to meet with Mr. Waldo to make arrangements for a forum. Mayor Gregory stated that the building would be made available, as requested by Mrs. Slater. Continued) March 15, 1972 Page 7 DISCUSSION JAY ANGELO SUGGESTION TO USE PARK BLDG RALPH MIDDLETON 13122 E. CORAK MR. WALDO DISCUSSION MRS. SLATER & MR. MIDDLETON APPOINTED TO MEET WITH CHAMBER PRES. TO SET FORUM' BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpeC005384 Regular Meeting of the Baldwin Park City Council William A. Jablonski, 3756 Downing, suggested that in order to cut down the length of the meeting, perhaps the candidates for Council could meet one night, and the candidates for other offices another night. Mayor Gregory asked Mr. Jablonski if he would be witting to meet with the Committee atso to arrange the forum, and he replied he would, Councilman Hamilton commented that at the last meeting at Pleasantview School, the time allotted each candidate was really not sufficient. He felt if each candidate were allowed 8 or 10 minutes, this would not make an unreasonably long meeting. 00- March 15. 1972 Page 8 WM. A. JABLONSKI 3756 DOWNING MR. JABLONSKI APPTD TO COMMITTEE John Zitlich, 14202 Mossberg Street, requested to speak under Oral Communications. He stated he had been in business in Baldwin Park at John's Trading Post on Arrow Highway for four years. He stated he had recently decided to sell the business, had found a buyer, had a lease drawn up, only to discover that the City would not issue the new owner a license, and further, Mr. Ziltich was told he should not have had a license. He stated that after being there four years, he wanted to know why he should not have a license, and if he could have a license, why he could not sell his business. Plannino Director Gordon explained that Mr. Zillich's business, the sate of antiques and used furniture, was in the M-1 zone, and was not a permitted use in this zone. He stated the ordinance had been revised around 1967 to delete some of the retail commercial type uses in the M-1 zone; the existing businesses have non-conforming rights, but Mr. Zillich's business did not start until after the ordinance was adopted, so there are no non-conforming rights to his business. Mr. Gordon stated that, in the City Attorney's opinion, Mr. Zillich's use had never been legal in the M-1 zone, and the ordinance expressly states that no use shall be approved in any zone which does not conform to the Zoning Code of the City. City Manager Mocalis commented that he and Mr. Gordon had met with Mr. Zilllch and had suggested that he appear before the Council to present his problem, and that possibly Council might desire the Planning Commission to hold hearings as to whether or not the zoning ordinances should be thanged, which is the only way this use could be approved. In answer to Mayor Gregory's question regarding how long such a change would take, Mr. Gordon stated that. should Council desire to make the changes, it would probably take two or three months to follow the required procedures for publication, public hearings, etc. Mayor Gregory commented that Mr. Zillich would undoubtedly lose the buyer for his business in that length of time- Councilman McCaron stated this type of problem had also occurred on Ramona Boulevard. He suggested Council might consider a moratorium on any zone violation enforcements, and have a list of such violations prepared, location, type of usage, etc. to see whether this is the course that the City should be taking, because he fpit there were many others this would affect. He stated that. In the past. more restrictive Continued) JOHN ZILLICH 14202 MOSSBERG ST. RESUME NO NON-CONFORMING RIGHTS NOT LEGAL USE BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖ pe0005385 Regular Meeting of the Baldwin Park City Council March 15, 1972 Page 9 uses had been permitted in a less restrictive zone, and the City had had many business developed under these regulations. He felt it required definite consideration; however, he asked whether there was any way it could be done to alleviate the immediate problem without the time involved in conducting public hearings. City Attorney Flandrick stated it could be accomplished by an urgency ordinance. Discussion followed regarding storage at Mr. Zillich's business. He stated he had a large building enclosing his merchandise. There was outside storage at the back of the building, which was completely fenced. He stated he had complied with the regulations regarding portable signs and outside sates and display. Councilman Blewett stated he would favor an urgency ordinance as long as Mr. Zillich had complied with all the other regulations. Councilman Hamilton stated he had had numerous complaints from businessmen who had been notified of zoning violations, and he agreed with Councilman McCaron that the ordinance needed reconsidering. He felt it was not fair that Mr. Zillich had found a buyer for his business, but could not sell it, and felt this was taking away a person's rights. Councilman King stated it was his recollection that the Council had wanted to remove this use from the commercial areas and put it into the M-zoned areas and have it obscured from view, either new or used material. Discussion followed. City Attorney Flandrick suggested that the urgency ordinance re- late only to adding as a permitted use in the M-1 Zone the sale of used furniture completely within an enclosed building, and that the Council instruct the Planning Commission to initiate a proceeding to review this particular matter as to whether the M-1 Zone regulations should be amended in that respect as well as the point concerning the carry-over from the commercial zones into the M-Zone. This would solve Mr. Ziltich's immediate problem, and then give the Commission an opportunity to study the entire problem. Councilman McCaron pointed out that there were commercial uses in many areas, specifically, along Ramona Boulevard, and the portion of San Bernardino Road, which is an M-1 area. He felt some action should be taken to prevent these businesses from being approached by the Enforcement Officer until after the matter is resolved. Councilman King felt Council would be acting in haste to resolve the matter this evening, and suggested an adjourned meeting to consider it, which would give the Planning Director and the City Attorney time to make the proper interpretation, so that a11 of the areas would not be jeopardized, but that it would be confined to what was being discussed this evening. Mr. Zittich stated this would be agreeable to him. Councilman McCaron felt there would be no hazard in allowing more restrictive uses in a less restrictive zone. Mr. Gordon pointed out that allowing this usage in the M-1 Zone by an urgency ordinance might encourage additional used merchandise establishments in the M-1 Zone, stating that in 1967, the Planning Commission and the Council had been concerned that too many used merchandise businesses would be in operation, and purposely changed the ordinance to prohibit this. Mr. Gordon stated there were other used merchandise operations that had expressed interest in coming into the City. Mayor Gregory stated they might be discouraged by the other restrictions, such as fencing, storage, etc. Continued) BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖ pece053&o Regular Meeting of the Baldwin Park City Council March 15, 1972 Page 10 In answer to Councilman Hamilton's question, Mr. Gordon stated there was no zoning at the present time which permitted used merchandise sales, with the exception of used vehicles. Councilman Hamilton felt this should be a permitted use in the M Zone, provided it was completely housed. He felt the ordinance should be studied and possibly revised. Mayor Gregory asked whether an overlay zone was feasible. Mr. Gordon stated he had considered this as a possibility, along with possibly limiting the areas for several blocks in certain parts of the M-1 Zone. Discussion followed regarding possible action this evening. Councilman King suggested an adjourned meeting on Friday, March 17. 1972 at 5:00 p.m. to resolve the matter. Councilman Hamilton was agreeable, stating this would give Mr. Gordon and the City Attorney time to prepare an ordinance and/or a report. Mr, Zillich stated this time would be agreeable with him. Mrs. Lenora Woodside stated she owned the property being considered, and requested that she be informed of any decision made concerning it. Councilman Hamilton invited Mrs. Woodside to be present at the adjourned meeting on March 17» 1972. Mayor Gregory stated that Mrs. Woodside would be notified of any action taken. 00- City Attorney Flandrick stated that on March 7. 1972 the City Clerk was served with a Summons and Complaint involving an inverse condemnation action filed aqainst the City by Mr. and Mrs. Bartolo. He stated the Council had considered this matter previously in the form of a claim. Mr. Flandrick summarized the actions which were the basis for the Bartolos' claim, which evolved in conjunction with the Walnut Street Assessment District. He stated various attempts were made to negotiate a mutually agreeable solution, however, a settlement was not attained. City Attorney Flandrick requested approval from the Council to appear and defend the City In this action. COUNCILMAN BLEWETT MOVED THAT APPROVAL BE GRANTED FOR THE CITY ATTORNEY TO APPEAR IN BEHALF OF AND DEFEND THE CITY IN THE INVERSE CONDEMNATION ACTION FILED BY MR. AND MRS. BARTOLO. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered 00- City Attorney Flandrick read by title: RESOLUTION NO- 72-48 SETTING A TIME AND PLACE FOR HEARING REGARDING PROPOSED CHANGES IN THE WORK FOR ASSESSMENT DISTRICT NO. 71-1 RAMONA BOULEVARD Continued) LENORA WOODSIDE INVERSE CONDEMNATION CLAIM BARTOLO RESUME C.A. TO APPEAR AND DEFEND CITY IN INVERSE CONDEMNATION ACTION BARTOLO) RES. NO. 72-48 SET HEARING RE PROPOSED CHANGES RAMONA BLVD. A/D 71-1 BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖ pefC6S3»7 Regular Meeting of the Baldwin Park City Council March 15, 1972 Page 11 Mr. Flandrick stated that before the changes outlined in the resolution could be finalized, a public hearing must be held, and the resolution sets such a hearing for April 5. 1972 at 7:30 p.m. Mr. Flandrick further stated the resolution should be modified, as follows: Page 2, Item C, insert the amount of $330.05; Page 3, paragraph c), the time should be changed to read 7:30 p.m. COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 72-48 BE ADOPTED AS AMENDED AND THAT FURTHER READING BE WAIVED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- City Clerk Balkus presented a request for a Temporary Use Permit for a helicopter landing at the Baldwin Park Christian School by the Los Angeles County Sheriff's Department on April 5, 1972. She recommended approval and waiver of fees, subject to investigation by the Police Department for any possible objection by residents of the area as to noise, and adequate insurance coverage by the applicant. COUNCILMAN BLEWETT MOVED THAT THE REQUEST FOR A TEMPORARY USE PERMIT FOR A HELICOPTER LANDING AT THE BALDWIN PARK CHRISTIAN SCHOOL ON APRIL 5. 1972 BE APPROVED AND THAT FEES BE WAIVED, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY CLERK. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- City Clerk Balkus stated that the Registrar of Voters had requested the use of the City Hall facilities as a check-in center for the June Primary and the November 1972 elections, and recommended that the request be approved. COUNCILMAN HAMILTON MOVED THAT THE REQUEST OF THE REGISTRAR OF VOTERS TO USE THE CITY HALL FACILITIES AS A CHECK-IN CENTER FOR THE JUNE PRIMARY AND THE NOVEMBER 1972 ELECTIONS BE APPROVED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- City Clerk Balkus presented a request that the Council set compensation for the Absentee Ballot Canvassing Board. She stated that there were four members on the Board, and recommended that compensation be set at $6.00 each. COUNCILMAN MC CARON MOVED THAT THE FEE PAID EACH MEMBER OF THE ABSENTEE BALLOT CANVASSING BOARD BE $6.00 COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- City Manager Mocalis stated that the Council, through the Police Department, had authorized the City to proceed with grant applications to the California Council on Criminal Justice, and these grants have been prepared by the Police Department. Continued) RESOLUTION MODIFIED RES. NO. 7^-48 ADOPTED AS AMENDED REQUEST FOR T.U.P. HELICOPTER LANDING BALDWIN PARK CHRISTIAN SCHOOL T.U.P. APPROVED PENDING POLICE DEPT. INVESTIGATION & INSURANCE REQUEST OF REGISTRAR OF VOTERS TO USE CITY HALL AS CHECK-IN CENTER REQUEST APPROVED COMPENSATION FOR ABSENTEE BALLOT CANVASSING BOARD COMPENSATION SET AT $6.00 GRANT APPLICATIONS TO CCCJ BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖ 1972 03 15 CC MIN(ÌìÖ pe005389 Regular Meeting of the Baldwin Park City Council March 15, 1972 Page 13 Mayor Gregory stated she was not opposed to a reevaluation of the policy regarding use of the facilities; however, she felt it would be, perhaps, in poor taste to make use of the Easter holiday for campaigning purposes. Mr. Mocatis stated the candidate had indicated the date was flexible, and the Sunday following Easter would be acceptable. Councilman McCaron asked whether this would not be considered as the City contributing to a campaign fund. City Attorney Flandrick stated the City was not in a position to contribute" to anyone's campaign fund; however, to use public facilities for a candidates' forum, where all candidates were invited to participate, would be acceptable. He stated that a political rally for an individual candidate would be outside the realm of what had been done in the past. He further stated such a request could be legitimately denied on a number of grounds, such as not knowing the number of people who would be present, scheduling problems with Recreation Department activities, etc., provided the right" were denied to all candidates for all purposes. Councilman Hamilton felt the past policy should be upheld, and that this request should be denied. Mrs. Julia McNeitI, 3322 Mi 11 bury Avenue, stated that no Egg Ro11 had been planned for the children of Baldwin Park during Easter at Morgan Park. She stated that the Parks Director had approved the date for The Committee to Elect Bob McNeill as far as scheduling was concerned, and the Chief of Police had indicated he would okay the gathering if it were approved by the Council. Mrs. McNeitI stated the forum would be no different from the one suggested earlier this evening, in that it would be an opportunity for a11 the candidates to get together, and all would be welcome. The Committee to Elect Bob McNeitI would furnish the eggs to allow the children to have an enjoyable time with an Egg Ro11. She asked Council's reconsideration for the use of the park. Levi Richards, 3336 Mi 11 bury, stated he was a member of The Conmittee to Elect Bob McNeill, and he supported the request to have the Egg Roll on Easter Sunday. He felt it would give the people a chance to meet Mr. McNeill and discuss the issues that are important to the City. He stated it would be publicized in the newspaper, so the people would be aware of it. William Jabtonski, 3756 Downing, stated he wished to ask publicly that The Committee to Elect Bob McNeill write letters to everyone running for public office to invite them to appear at this function so that all would have equal time". MRS. JULIA MC NEILL 3322 MILLBURY AVE. LEVI RICHARDS 3336 MILLBURY AVE MM. JABLONSKI 3756 DOWNING Evelyn Chamois, 3158 Stichman Avenue, stated that the Council had indicated earlier in the evening that public facilities would be made available for a candidates' forum, and this function would serve as a forum to which all candidates were invited, not to make speeches, but to answer questions. She emphasized that this was riot a political rally for one candidate, but was open to all candidates. Continued) EVELYN CHAMOIS 3158 STICHMAN AVE BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpeCC05390 Regular Meeting of the Baldwin Park City Council March 15, 1972 Page 14 Mayor Gregory stated that one consideration might be that this was involving the children, and not the voting public. Mrs. Chamois stated that the point was not to exploit the children, but only to provide fun for them while providing an opportunity for the parents to meet the candidates. She stated that in past years they had taken their children to the park and given them an Egg Roll. because there had not been one sponsored by the City, and they were mainly con- cerned with the children having a good time. She further pointed out that the Egg Roll would be scheduled after church hours. Councilman Blewett commented that there were to be Egg Roils held at 13 schools on the Saturday before Easter. Finance Director Duncan stated that 40 dozen eggs had been ordered this year, as in past years. Mayor Gregory stated that, in view of this, she felt this matter should be considered at the adjourned meeting on Friday, to allow time to verify what might be scheduled at the park. Mrs. Martinez stated that Tracy School was having an Easter Egg Hunt on April 1, and that there usually had been one for the older children at the park in past years. Mrs. Martinez further commented that a request had been made for use of the park for the candidate she supported and that request had been denied, and she felt this should apply to all candidates. Carol Cote, 4846 La Sena, stated she understood Mrs. McNeill to say that Mr, Lucas had okayed this Egg Roil for the park. Mrs. McNeill clarified this, stating that Mr. Lucas had okayed the date only as far as scheduling, contingent upon Council approval. Mrs. Cote stated she was in complete agreement with it if Mr. Lucas would approve it, but he had denied her candidate's request. Councilman King commented that the proposed function was somewhat reminiscent of the past, where all the candidates would appear in the park to meet and talk with the people. He stated that this would allow all candidates to appear at the same time on an equal basis to answer questions at large, and felt it was an exceptionally good idea and would prove enjoyable if it were held at the proper time. He did not feel it would set a precedent, in that it would be an open-air forum for all candidates. Patricia Partita, 3337 Mi 11 bury, stated she felt this would be a good opportunity for parents to have an outing with their children and have an opportunity to talk to the individual candidates on particular issues while the children had some- thing fun" to do to keep them occupied. Mayor Gregory stated that the activities planned at the park would be researched, and the matter would be considered at the adjourned meeting at 5:00 on Friday, March 17, 1972- There were no objections- 00- MRS. MARTINEZ CAROL COTE 4846 LA SENA PATRICIA PARTITA 3337 MILLBURY MATTER TO BE CONS AT ADJ, MTG. ON 3/17/72 BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpe0005391 Regular Meeting of the Baldwin Park City Council Director of Public Works Perry presented reports of work completed under the Short Form 1,911 Act on 71-S-36, west side of Barnes Avenue between Fairgrove Street and Wattham Street, for curb and gutter; 71-S-50, east side of Syracuse Avenue between Bess Avenue and Torch Street, for curb and gutter; 71-S-51, east side of Syracuse Avenue between Fairgrove Street and Wattham Street, for curb and gutter; and 71-S-52, east side of Syracuse Avenue between Auckland Street and Finchley Street, for curb and gutter. RESOLUTION NO. 72-47 SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORTS OF THE SUPERINTENDENT OF STREETS 71-S-36. 50, 51 & 52) COUNCILMAN KING MOVED THAT RESOLUTION NO. 72-47 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- Director of Public Works Perry requested that the matter of excess property at Merced and Ramona be continued to April 5, 1972 to allow the staff to compile additional information for Council's consideration. There were no objections. 00- Director of Public Works Perry reviewed his memorandum regarding the improvement of Live Oak Avenue and Rivergrade Road. He stated that in order for the County to expend funds for the proposed improvements, jurisdiction must be trans- ferred to the County. Mr. Perry stated that upon completion of the work, jurisdiction of this section would be returned to the City for maintenance. RESOLUTION NO. 72-51 CONSENTING TO ESTABLISHMENT OF A PORTION OF LIVE OAK AVENUE AND RIVERGRADE ROAD WITHIN SAID CITY AS A PART OF THE SYSTEM OF COUNTY HIGHWAYS OF THE COUNTY OF LOS ANGELES COUNCILMAN MC CARON MOVED THAT RESOLUTION NO. 72-51 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- March 15, 1972 Page 15 REPORTS OF WORK 71-S-36 C&G) 71-S-50 C&G) 71-S-51 C&G) 71-S-52 C&G) RES. NO. 72-47 SET HEARING DATE 71-S-36. 50, 51, 52 RES. NO. 72-47 ADOPTED P.H. 4/19/72 EXCESS PROPERTY MERGED A RAMONA CONT. TO 4/B/7? IMPROVEMENT OF LIVE OAK AND RIVERGRADE RES. NO. 72-51 ESTABLISH PORTION OF LIVE OAK & RIVERGRADE AS PART OF CO. HWY. SYSTEM RES. NO. 72-51 ADOPTED Planning Director Gordon reviewed his report regarding the acquisition of a future street outlet, stating that the owner of the vacant lot at 4836 Fortin Street wished to build a house; however, this lot is the proposed outlet for the future street. The Planning Commission recommends that the City acquire this lot to protect the future street, at an estimated cost of from $5,000 to $7,000. Mr. Gordon stated the owner was desirous of a decision as soon as possible, so he wilt know in which direction to proceed. Mr. Gordon stated there was no money budgeted for this item. Continued) ACQUISITION OF FUTURE STREET OUTLET BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpeOC05?92 Regular Meeting of the Baldwin Park City Council March IS, 1972 Page 16 Councilman McCaron felt that a policy should be set whereby the cost of development of the street as well as the cost of the entrance lot should be assessed to the properties and the money for this investment be recovered by the City. He stated there had been a similar experience of having done this for the extension of Olive Street to the west, and this appeared to be another case where it was incumbent upon the City to acquire the property for proper development. He requested a report from the City Manager regarding funds and proper procedure for purchase. City Manager Mocalis stated that if Council did wish to OBTAIN APPRAISAL proceed with the acquisition of the property, that the AND TITLE SEARCH staff be instructed to have an appraisal and a title search made. Councilman McCaron felt the Planning Commission should establish a street pattern for the block when property of this sort was acquired, so that everyone would be aware of it. City Attorney Flandrick stated that the owner, Mr. Vandehey, had applied for a building permit as of January 20, 1972, and if the matter is not expeditiousty acted upon one way or the other, Mr. Vandehey could have a basis for a future inverse condemnation claim against the City. Councilman King felt that, under the circumstances, the Council must consider the purchase of this particular property. He stated this type of problem had been brought up years ago, but no action had been taken with respect to interior lots and the circulation element as far as who was going to pay for what. He felt it was incumbent upon the City, at this point, to make a decision on the cost, and then have the staff thoroughly study other areas to determine a way to solve the problem. City Attorney Flandrick pointed out that, in the past, where right-of-way was to be acquired in similar cases, and there- after, construction was to take place, the policy had been to do this by means of an assessment district. If this property were to be acquired by use of the General Fund, it could not later be sold to the assessment district, so the City would, in fact, be making a contribution to the assessment district. Discussion followed. Councilman McCaron stated it appeared there was a need for a determination of the over-ail requirements of the entire City, and decide whether these lots should be acquired as they are available, or as the need arises for future development. Discussion followed regarding possible methods of financing acquisition of the parcels in the future. City Attorney Flandrick suggested that Mr. Gordon contact the property owner to see if he had any objection to an additional 30-day delay, to allow time for an appraisal of the property- Continued) BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpe05393 Regular Meeting of the Baldwin Park City Council March 15, 1972 Page 17 Councilman King felt the City had taken quite a lengthy time to process this, and felt the Council should act at this time on this particular parcel. He felt Council would not be setting a precedent, but only would be doing something that was necessary and just. He felt that, under the circumstances, it would not be fair to hold the matter over for another 30 days. Mr. Gordon stated that the purpose of the delay would be to obtain a price on which to base a decision. Bi11 Vandehey, 4840 Fortin, stated he owned the property in question. He asked whether two accesses were necessary to the back lot, in that the City already has one. He did not feel the street was that long or there were that many people on it to require two accesses. He stated many people buy homes on cul-de-sacs because they do not get through traffic. Mr. Vandehey stated that he felt the property was worth approximately $8,000. He further stated that the existing house was on the property tine now, and would probably be on the sidewalk when the future street went in. He further stated that on a 300-foot lot, he could only put two houses because of the 6,000 sq. ft. requirement, and he had to deed 30 feet in the rear. Planning Oirector Gordon replied to Mr. Vandehey's questions. He stated, regarding the cost, this would be determined by an independent appraiser. Regarding the need for two openings, Mr. Gordon stated the Planning Commission had considered this and felt that because of the length of the street, which would be about 1,000 feet, and the number of houses that are possible on it, which could be as high as 28, the second opening would be desirable. Regarding the side yard setback, Mr. Gordon stated the lot width is 66 feet. The City would probably require 50 feet, which would leave Mr. Vandehey 10 to 16 feet, depending on how he wanted to split it. Mr. Vandehey stated he was under the impression a 60-foot street would be put in. Mr. Gordon explained that on a connector street, a 40-foot curb-to-curb street with 5-foot sidewalks on each side could be installed. The back street would be 40-feet curb to curb and 10-foot parkways. City Attorney Flandrick asked whether Mr. Vandehey would object to a continuance for an additional 30 days. Mr. Vandehey asked what would be the advantage it he refused—could he obtain a building permit immediately? Continued) BILL VANDEHEY 4840 FORTIM BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpeCCC5^94 Regular Meeting of the Baldwin Park City Council March 15. 1972 Page 18 Mr. Vandehey stated that he felt the only question that needed to be answered right now was whether the City planned to buy the property; the details could be worked out later, but he needed to know whether he would be selling the property or building on it. Councilman King felt the City should purchase the property, but suggested the matter be considered at the adjourned meeting on Friday, March 17, 1972, at which time the staff could present information regarding dimensions, etc. and Mr. Vandehey would be given a definite answer, if this short delay met with Mr. Vandehey's approval. Mr. Vandehey stated this was agreeable to him. Councilman McCaron stated it appeared entrance streets were being picked by vacant lots, with no regard as to uniformity of the streets, and felt this should be taken into consideration when the lots are purchased. i i Mr; Gordon pointed out that this particular lot was the on'iy lot in the block that was vacant, and would be the cheapest lot to acquire. In addition, it was Mr. Gordon's opinion it was a good location to put the street, in that it would give good circulation. Councilman King asked whether it was intended to extend this cul-de-sac toward Olive. Mr. Gordon stated it was not on the General Plan, but if people did come in there, he felt it would be extended. Councilman King felt it should continue as the lots develop to the rear so that they would have access. COUNCILMAN MC CARON MOVED THAT THIS MATTER BE CONTINUED TO 5:00. FRIDAY. MARCH 17, 1972. AND THAT THE STAFF PRESENT ANSWERS TO QUESTIONS RAISED THIS EVENING. AND PRESEHT A RECOMMENDATION AS TO WHETHER THIS IS THE PROPER LOCATION FOR THE FUTURE STREET, COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. Mayor Gregory invited Mr. Vandehey to be present at the meeting on Friday, March 17, 1972. 00- Ptanning Director Gordon stated an inquiry had been made by a citizen regarding whether her property would be con- sidered nonconfonning, in that the L. A. City Water and Power Department wanted to purchase the existing easement on her property in fee title. Mr. Gordon stated that the Code stipulates whenever a lot, building or structure is rendered nonconfonning due to acquisition by the City of Baldwin Park of a portion of such property, the same shall not be nonconfonning; therefore, the property owner is protected only if the acquisition is by the City. The City Attorney feels the City should consider under Clarification of Ambiguity Section 9455) that acquisitions by any public agency be given this protection. Mr. Gordon further stated that the Planning Commission recommended that this Section be interpreted so that any acquisition by any public agency or utility will not render the remaining property nonconfonning. Continued) MATTER CONTINUED TO 3/17/72 FOR REPORT AND RECOMMENDATION CLARIFICATION OF AMBIGUITY PUBLIC ACQUISITION OF PRIVATE PROPERTY P. C. RECOMMENDATION BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpeCC05395 Regular Meeting of the Baldwin Park City Council 972 March 15, Page 19 Councilman McCaron asked what would happen if the property were purchased, as far as development or access, etc. He remarked that, in this case, it was a high power line, and asked if it divided the property and it was purchased and the other portion was landlocked, would they lose their access? City Attorney Flandrick stated that if it was a purchase and it had that effect, it would be covered by the lot split ordinance; however, if it was a condemnation proceeding, the property owner would have no choice and it would be, in effect, a judicially approved lot split. Discussion followed regarding what control the City would have over another public agency taking property that divided land and did not give access. City Attorney Flandrick stated that no other City had authority to come within this City's boundaries to acquire right-of-way without this City's consent; however, the County of Los Angeles is expressly by State law exempted from the effect of this type of regulation, as is the Department of Water and Power. Further discussion followed regarding notification by public agencies of intent to acquire rights-of-way. COUNCILMAN KING MOVED THAT SECTION 9455 BE INTERPRETED TO MEAN THAT ANY ACQUISITION BY ANY PUBLIC AGENCY OR UTILITY WILL NOT RENDER THE REMAINING PROPERTY NONCONFORMING COUNCILMAN MC CARON SECONDED. There were no objections. The motion carried and was so ordered. 00- City Clerk Balkus read by title: SECTION 9455 INTERPRETED TO MEAN ACQ. BY ANY PUB. AGCY WILL NOT RENDER REMAIN. PROP. NONCONF RESOLUTION NO. 72-52 APPROVING SPECIFIC PLAN NO. 23 AS RECOMMENDED BY THE PLANNING COMMISSION OF SAID CITY. COUNCILMAN MC CARON MOVED THAT RESOLUTION NO. 72-52 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- AT 9:52 P.M., COUNCILMAN HAMILTON MOVED THAT THE CITY COUNCIL ADJOURN TO 5:00 FRIDAY, MARCH 17, 1972. IN THE COUNCIL CHAMBERS OF THE CITY HALL. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- RES. NO. 72-52 APPROVE SP-23 RES. NO. 72-52 ADOPTED ADJOURN 9:52 P.M TO 5:00 P.M., 3/17/72 APPROVED: 2^/' 5^ Date of Distribution to City Council: Date of Distribution to Departments: /^//^^/^C^ S/ 1972 THELMA L. BALKUS, CITY CLERK 1972 T^W^ 5/________. 1972 BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpeREGULAR 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 Hamilton led the salute to the flag. Roll Call: Present: COUNCILMEN BLEWETT, HAMILTON, KING, MC CARON AND MAYOR GREGORY Also Present: CITY MANAGER MOCALIS. CITY ATTORNEY FLANDRICK, DIRECTOR OF PUBLIC WORKS PERRY, PLANNING DIRECTOR GORDON, FINANCE DIRECTOR DUNCAN, CHIEF OF POLICE ADAMS, CITY TREASURER CODLING, CITY CLERK BALKUS 00- MARCH 15, 1972 7:30 P.M. FLAG SALUTE ROLL CALL CONTINUATION OF PUBLIC HEARINGS 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, 2/2/72 and 3/1/72) 1. a. AZC-56 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, 2/2/72 and 3/1/72) b. AZC-57 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 and 3/1/72) c. AZC-58 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, 2/2/72 and 3/1/72) d. AZC-59 00- CONTINUATION OF PUBLIC HEARINGS CONTINUED TO APRIL 19, 1972 AT 9:52 P.M., COUNCILMAN HAMILTON MOVED THAT THE CITY COUNCIL ADJOURN TO 5:00 FRIDAY, MARCH 17, 1972. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- ADJOURN 9:52 P.M. TO 5:00, 3/17/72 THELMA L. BALKUS, CITY CLERK DATED: March 16, 1972 TIME: 10:00 A.M. BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpeAFFIDAVIT OF POSTING NOTICE OF ADJOURNMENT OF HEET1N6 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK SS 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 March 15 19 72 said meeting was ordered adjourned to the time and place specified In the Notice of the Adjournment ATTACHED HERETO: that on arch 16 19 72 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 was held. March 15 19 72 j'A^C TtiELHA L. BALKUS, CITV CLERK Subscribed and sworn to before me this // / day of /^/^ 19^ / Notary Public in and for said County and State L THELMA S. DUNCAN NOTARY PUBLIC CAl'FuRNI^ LOS ANGELES BOUNTY MyCommission Expires Feb. 25,197b 14403 E. Pacific Ave., Baldwin Park, Calif. 91706 BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 03 15 CC MIN(ÌìÖpeREGULAR 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 Hamilton led the salute to the flag. Roll Call: Present: COUNCILMEN BLEWETT, HAMILTON, KING, MC CARON AND MAYOR GREGORY CITY MANAGER MOCALIS, CITY ATTORNEY FLANDRICK, DIRECTOR OF PUBLIC WORKS PERRY, PLANNING DIRECTOR GORDON, FINANCE DIRECTOR DUNCAN, CHIEF OF POLICE ADAMS, CITY TREASURER CODLING, CITY CLERK BALKUS Also Present: 00- AT 9:52 P.M., COUNCILMAN HAMILTON MOVED THAT THE CITY COUNCIL ADJOURN TO 5:00 FRIDAY, MARCH 17, 1972, IN THE COUNCIL CHAMBERS OF THE CITY HALL. COUNCILMAN BLEWETT SECONDED. There were no objections. The motion carried and was so ordered. 00- MARCH 15. 1972 7:30 P.M. FLAG SALUTE ROLL CALL ADJOURN 9:52 P.M TO 5:00 P.M., 3/17/72 DATED: March 16, 1972 TIME: 10:00 A.M. BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 peC005388 Regular Meeting of the Baldwin Park City Council March 15. 1972 Page 12 He stated that previous applications had been to the Office of Traffic Safety, which required only a minute motion by the Council to authorize proceeding with the application; however, the CCCJ requires passage of a resolution for any planning grant. City Manager Mocalis read by title: RESOLUTION NO. 72-49 AUTHORIZING AN APPLICATION FOR LAW ENFORCEMENT GRANTS PLANNING UNIT) RES. NO. 72-49 AUTHOR. GRANT APPL PLANNING UNIT) Mr. Mocalis stated this grant was in the total amount of $26,000; the City would receive $18,000 in cash and would provide the remaining $8,000 in-kind services. COUNCILMAN BLEWETT MOVED THAT RESOLUTION NO. 72-49 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. City Manager Mocalis read by title: RESOLUTION NO. 72-50 AUTHORIZING AN APPLICATION FOR LAW ENFORCEMENT GRANTS ORGANIZED CRIME INTELLIGENCE UNIT) Mr. Mocalis stated this grant was in the amount of approxi- mately $1,000,000, which would be received over a 3-year period. A large amount of this grant would be for additions to the City's IBM equipment, and no matching funds are necessary. COUNCILMAN BLEWETT MOVED THAT RESOLUTION NO. 72-50 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- City Manager Mocalis announced that Mr. John C. Gibson, who has been Manager of the Bank of America since 1948 was retiring, and a retirement dinner to honor Mr. Gibson would be held at the Diamond Bar Country Club on March 25, 1972 at 7:00. He requested that any members of Council wishing to attend notify him and he would arrange the reservations. 00- REQUEST FROM CANDIDATE TO USE MORGAN PARK FOR EASTER EGG ROLL City Manager Mocalis stated he had received a request from a candidate in the April 1972 election for the use of Morgan Park on Easter Sunday, April 2, 1972 for an Egg Roll. This would be open to the public, and any candidate would be welcome. He stated that, in the past, it had been Council policy that City facilities are not used for individual candidates, although the matter is not covered in the Code. The candidate has requested that the Council reconsider its past policy on using public facilities. Mayor Gregory stated the Recreation and Parks Department usually sponsored an Egg Roll at Morgan Park. Continued) RES. NO. 72-49 ADOPTED RES. NO. 72-50 AUTHOR. GRANT APPL. ORG. CRIME INT. UNIT) RES. NO. 72-50 ADOPTED RETIREMENT DINNER FOR MR. JOHN C. GIBSON. MANAGER, BANK OF AMERICA BIB] 37659-U01 1972-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9964-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06