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Home My WebLink About1972 04 19 CC MIN1972 04 19 CC MIN(ÌìÖCpeINDEX April 19. 1972 Page Minutes 5/19/70. 9/20/71. 9/21/71. 10/12/71. 10/19/71. 10/26/71 and 4/5/72 Approved Treasurer's Report of 3/31/72 Received and filed Res. No. 72-55 Claims & Demands Adopted Public Hearing AZC-56. 57. 58. 59 Testimony Frank Brooks Testimony Jean Cantrall Testimony Mrs. Hal tie Slater 5 Public Hearing Declared Closed Proposal approved and referred 5 to Planning Coimnssion for report Public Hearing 71-S-36. 71-S-50. 71-S-51. 71-S-52 5 Res. No. 72-56 71-S-36. 50. 51. 52) Adopted 6 Public Hearing 72-N-8 Res. 72-59 Adopted 6 Public Hearing 72-N-10 6 Res. No. 72-60 72-N-10) Adopted 7 Public Hearing 72-N-14 7 Testimony Mrs. Edith Dunn 7 72-N-14 Continued to 5/3/72 DPW to present report 8 Public Hearing Z-358 Borchard Street, Inc. Applicant) 8 Testimony Mr. Slade, V.P. Borchard Street, Inc. 9 Testimony Harry Last 9 Ord. No. 635 Z-358) Introduced Public Hearing AZC-63 Off-street Parking) Ord. No. 636 AZC-63) Introduced Oral Comnunications Testimony Victor LoVecchio Vic's Unclaimed Freight) 10 10 10 10 Report re LoVecchio to be made 5/3/72 11 Parade Permit American Freedom From Hunger Foundation Approved 12 and fees waived Res. No. 72-61 Designate Representatives and Alternates to Committees and Organizations Adopted 12 Res. No. 72-57 Reports of Work 71-S-53. 54. 55. 56 Adopted Public Hearing Set for 5/17/72 12 Res. 72-62 Declare intention to vacate portions of future street bounded by Monterey, Rexwood, Baldwin Park Blvd. and Frazier SP-21) 12 Res. 72-62 Adopted 13 TOPICS Allocations for 1971-72 & 72-73 Resolution of intention to utilize allocations 13 TOPICS Project T3041(99) Signalization of Maine & Olive and Maine & Los Angeles Mayor & City Clerk Authorized to Sign Agrmt. 13 Agreement El ton Street Assessment District Lockman & Assoc. Mayor & City Clerk Authorized to Sign Agreement 13 Report on Ramona Park 13 Estimated City Costs 14 Report re Reconnaissance Study 14 Selection of Consultant Interview meetings tentatively scheduled for 5/8. 9. 10/72 at 5:00 p.m. 14 Christmas Decorations for Ramona Boulevard 14 Legislation re Legalized Marijuana 14 City Clerk to draw resolution against legalization of marijuana 15 Testimony Helen Gibson re T.I.P. program 15 Suggestion to begin Council Meetings with prayer 15 City Clerk to contact Ministerial Assn. to make arrangements 15 Adjourned 9:40 p.m. 16 BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖCpe0005A16 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 Gregory led the salute to the flag. Present: COUNCILMEN GREGORY. HAMILTON. Ron can: KING, MC CARON AND MAYOR BLEWETT APRIL 19. 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 CALE. CITY CLERK BALKUS 00- COUNCILMAN HAMILTON MOVED THAT THE MINUTES OF MAY 19. 1970, SEPTEMBER 20. 1971. SEPTEMBER 21. 1971. OCTOBER 12. 1971» OCTOBER 19. 1971. OCTOBER 26. 1971 AND APRIL 5. 1972 BE APPROVED AND THAT FURTHER READING BE WAIVED. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- CQUNCILMAN GREGORY MOVED THAT THE TREASURER'S REPORT OF MARCH 31, 1972 BE RECEIVED AND FILED. COUNCILMAN KING SECONDED. Roll call. There were no objections. The motion carried and was so ordered. 00- RESOLUTION NO. 72-55 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 72-55 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. Roll call. There were no objections. The motion carried and was so ordered. 00- City Clerk Balkus administered the Oath to those in the audience desiring to be heard during the meeting. 00- 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 Comnission); 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); Continued) MINUTES OF 5/19/70. 9/20/71. 9/21/71. 10/12/71. 10/19/71. 10/26/71 & 4/5/72 APPROVED TREASURER'S REPORT OF 3/31/72 RECEIVED AND FILED RES. NO. 72-55 CLAIMS & DEMANDS 4580 4672 PAYROLL PERIOD 3/16/72 3/31/72 RES. NO. 72-55 ADOPTED OATH PUBLIC HEARING AZC-56 AZC-57 AZC-58 AZC-59 BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖCpeC05417 Regular Meeting of the Baldwin Park City Council April 19, 1972 Page 2 and AZC-59, intent of the 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 Planning Comnission). Continued from 1/5/72, 2/2/72. 3/1/72 and 3/15/72) Proper publication had been accomplished. There were no written protests. PUBLICATION NO WRITTEN PROTESTS RESUME Planning Director Gordon reviewed his report, stating that the proposed standards are similar to M-1 standards adopted in 1968; are similar to. but not as restrictive as those used by developers and industrial parks; add a maximum build- ing height of 50 feet; and prohibit conversion of houses to industrial uses. He stated that existing uses would have one year to screen off outside storage and trash, build block walls on property lines abutting R zones, and place outside uses not customarily conducted outdoors within buildings. Mr. Gordon stated that many of the industrial areas are blighted, and it is felt that this is one of the main reasons why new businesses are reluctant to locate in Baldwin Park. He stated that, hopefully, requiring existing uses to clean up within a year wilt encourage new business to locate here and lenders to make loans here. Mr. Gordon Indicated that, because of the concern about the requirement for outside screening, especially on the rear and side lot lines' a change had been made In the proposed draft. He stated a mini-survey had been made as to what 8 other cities did In this regard. Essentially, about 3 of the cities contacted required complete enclosure; about 5 cities required enclosure only from public view. He stated that. In view of this, a section had been written Into the ordinance that would make the screening of outside storage In the M zone on the side and rear lot lines part of the minor variance procedure, so that where the requirement for view-obscuring walls does not appear reasonable, there would be a simple procedure for having this requirement set aside. Planning Director Gordon gave a slide presentation, depicting SLIDE PRESENTATION the appearance of the Industrial areas and some of the prob- lems that exist, and also showing buildings where storage was screened. Indicating what could be done to Improve the appearance of the Industrial areas. Councilman HcCaron asked for clarification of Section 9, which had been added to the ordinance. Mr. Gordon stated this would allow the requirement for screening outside storage on rear and side lot lines to be subject to the minor variance pro* cedure. He stated the major variance procedure was lengthy* and some opposition had been expressed to this at past Council meetings, the minor variance procedure Is relatively simple, where the requirement for screening can be waived if the request Is reasonable, such as in the case where two similar uses are back-to-back and the outside storage Is not visible from the street or from vacant property or residences. Councilman McCaron felt too many conditional use permits and vari- ances were being required, and that it should be written Into the ordinance to start with, so a person would automatically know what was required. At Mayor Blewett's request, Mr. Gordon explained the minor vari- ance procedure. Continued) BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖCpeC-C05^18 Regular Meeting of the Baldwin Park City Council April 19, 1972 Page 3 Councilman Hamilton pointed out that there are places abutting R zones where chain link fencfng with vines growing on it exists, and although this is view obscuring» the ordinance requires a masonry wall, and he specifically cited trailer parks. Mr. Gordon stated this was permitted under conditional use permits. Councilman King felt this was totally unacceptable insofar as the R zones were concerned, and felt the R zones should be protected as much as possible, and just being screened from view would not afford them. any protection. Councilman McCaron felt the requirement for block wall should be rephrased to require a solid" fence, which would make other materials acceptable, such as concrete, steel, solid wood, etc. He felt this requirement should be strictly between M-1 and residential uses, but not between like uses in the M zones. Councilman Blewett pointed out that the ordinance was written this way, and Mr, Gordon clarified that the only time a block wall was required by Code was when an M zone abuts an R zone; in all other instances, a solid, view-obscuring fence is permitted. Councilman McCaron questioned the requirement regarding off-street parking. Councilman King stated that he was under the impression that during previous discussion it had been agreed by the majority of Council that 20 feet should be required, and this could be used for storage. Councilman Hamilton felt a distinction should be made, where a building is attractively landscaped and the storage is screened, but no block wall exists. He felt it would be unfair to require a block wall in front of such a structure, even though across the street might be residential. City Attorney Flandrick stated that the wait requirement referred to was only for a rear or side lot line, as expressed in subparagraph 6 of Section 9654, except where storage is immediately adjacent to the front lot line. Councilman McCaron did not feel that Section 9 was completely clear. City Attorney Flandrick suggested amending the Section so that it referred to the minor variance procedure being available insofar as the regula- tions contained in subparagraph 4 of Section 9654, in lieu of the present wording. Councilman McCaron stated that what applied to one must apply to a11» and the photographs had indicated some places where the storage was merchandise on display, and he could see nothing objectionable in this. Councilman Gregory felt you could not designate between types of storage, and that the requirements would have to apply equally. Mr. Gordon stated there was a set procedure pertaining to this in the Code, under Clarification of Ambiguity, In that there are some uses commonly permitted out of doors, such as plant nurseries, vehicle sales, etc. Where there is any doubt, the Planning Commission is asked for a clarification. Continued) SUGGESTION TO REWORD SECTION 9 BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖCpeccos^ia Regular Meeting of the Baldwin Park City Council Discussion followed regarding requirements pertaining to outside storage as opposed to trash. Councilman McCaron stated objectionable trash storage could be handled through the nuisance ordinance. He felt the Planning Director and possibly the City Engineer should have some say in ascertaining what is or is not allowed, or it could be specified in the ordinance, without making it subject to conditional use permits. Councilman King felt that having the Planning Director handle this particular part of it might solve the problem. He felt that in some areas it was difficult to define the proper way to go, and the staff was certainly capable of doing this. He felt it would not hold up development, but would enhance it. Councilman McCaron stated reference was always made to new development, but these requirements would affect everyone who was presently in business also. He stated that too many conditional use permits could be a tool to be used improperly. Discussion followed regarding whether proper notification had been given to property owners. Mr. Gordon stated that proper publication had been made in the newspapers, notices had been posted in every block of the affected areas, it had been discussed at the Chamber of Commerce, there had been articles, other than the legal notice, in the papers, and individual businessmen had called him to discuss the matter. He stated there had been no major objection from the business community. Councilman McCaron referred to Mr. Brooks' testimony at a previous meeting. Mr. Gordon stated he had met with Mr. Brooks and Mr. Cantratt to explain in detail how these requirements would affect their properties. Mr. Gordon explained the specific conditions existing on these properties, stating that Mr. Brooks' use does not directly abut R-zoned properties because of a power line in between, and pointed out that the new requirements will be easier on Mr. Brooks that the existing Code. Regarding where Mr. Brooks' and Mr. CantralTs properties abut each other, they felt the minor variance procedure would work well in this instance. Discussion followed regarding the power tine easement between Mr. Brooks usage and the residential area. TESTIMONY WAS GIVEN BY: Frank Brooks. 1020 Oxford Road. San Marino, stated that the requirements as explained to him by Mr. Gordon were acceptable. Jean Cantrall, Cantrall Steel, 13205 E. Los Angeles Street, stated that he felt the requirement for fencing between M zones would require an excessive amount of fencing, and that the cost of a block wall, and maintenance of the fencing would be prohibitive. Mr. Gordon pointed out that the comnon lot line between Mr. Brooks' ar.d Mr. Cantrall's properties would be an obvious occasion for application of the minor variance. Continued) April 19. 1972 Page 4 DISCUSSION NO MAJOR OBJECTION FROM BUSINESS COMMUNITY TESTIMONY FRANK BROOKS 1020 OXFORD ROAD SAN MARINO JEAN CANTRALL CANTRALL STEEL 13205 E. LOS ANGELES BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖCpeCC05420 Regular Meeting of the Baldwin Park City Council Mrs. Hall ie Slater, 4814 Stancroft Street, stated this hearing had been continued since January 5, and she felt definitive action should be taken by the Council tonight. As there was no one else in the audience desiring to speak either in behalf of or in opposition to AZC-56, AZC-57, AZC-58 or AZC-59. Mayor Blewett declared the public hearing dosed. COUNCILMAN MC CARON MOVED THAT AZC-56. 57. 58 AND 59 BE DROPPED FROM THE AGENDA. The motion died for lack of a second. COUNCILMAN KING MOVED THAT THE COUNCIL APPROVE THE PROPOSAL AS MADE. REFER IT TO THE PLANNING COMMISSION FOR A REPORT, AND HAVE THE ORDINANCE PRESENTED FOR INTRODUCTION AT THE NEXT MEETING. COUNCILMAN GREGORY SECONDED. Roll call. The motion carried by the following vote: Ayes: COUNCILMEN KING. GREGORY. HAMILTON AND MAYOR BLEWETT Noes: COUNCILMAN MC CARON 00- April 19. 1972 Page 5 MRS. HALLIE SLATER 4814 STANCROFT PUBLIC HEARING DECLARED CLOSED AZC-56. 57. 58, 59 MOTION TO DROP AZC-56. 57, 58, 59 MOTION DIED APPROVE PROPOSAL & REFER TO PLANNING COMM. FOR REPORT It was the time and place fixed for a public hearing on 71-S-36, on the west side of Barnes Avenue between Fair- grove Street and Waltham 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-50, on the east side of Syracuse Avenue between Bess Avenue and Torch 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-51, on the east side of Syracuse Avenue between Fairgrove Street and Wattham 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-52, on the east side of Syracuse Avenue between Auckland Street and Finchtey 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. Continued) PUBLIC HEARING SHORT FORM 71-S-36 C&G) POSTINGS. MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING SHORT FORM 71-S-50 C&G) POSTINGS. MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING SHORT FORM 71-S-51 C&G) POSTINGS, MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING SHORT FORM 71-S-52 C&G) POSTINGS. MAILINGS NO WRITTEN PROTESTS BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖCpeC005421 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-S-36, 71-S-50, 71-S-51 or 71-S-52, Mayor Blewett declared the public hearing closed. RESOLUTION NO. 72-56 CONFIRMING CERTAIN REPORTS OF THE SUPERINTENDENT OF STREETS 71-S-36, 50, 51 & 52) Director of Public Works Perry stated that Section 1(f) should read that no" protests were made. COUNCILMAN KING MOVED THAT RESOLUTION NO. 72-56 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. Roll call. There were no objections. The motion carried and was so ordered, 00- It was the time and place fixed for a public hearing on 72-N-8, to determine whether certain premises and buildings and structures constitute a public nuisance at 4736 Landis Avenue. Proper postings and mailings had been accomplished. There were no written protests. Director of Public Works Perry presented photographs of the property. He stated he had talked to the property owner this date, who indicated the work would be accom- plished within the time period allowed. As there was no one in the audience desiring to speak either in behalf of or in opposition to 72-N-8, Mayor Blewett declared the public hearing dosed. RESOLUTION NO. 72-59 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 72-N-8) Director of Public Works Perry stated that under Section 2 a time limit of 30" days should be established. COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 72-59 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. Roll call. There were no objections. The motion carried and was so ordered. 00- It was the time and place fixed for a public hearing on 72-N-10. to determine whether certain premises and buildings and structures constitute a public nuisance at 14430 California Avenue. Proper postings and mailings had been accomplished, There were no written protests. Director of Public Works Perry presented photographs of the property. He stated that due to the condition of the structures, 1t would probably be economically unfeasible to rehabilitate; however, the property owner would have the choice of rehabilitation or demolition. Continued) April 19. 1972 Page 6 PUBLIC HEARING DECLARED CLOSED 71-S-36. 50. 51. 52 RES. NO. 72-56 CONFIRM COSTS 71-S-36. 50. 51. 52 SECTION 1(f) NO" PROTESTS RES. NO. 72-56 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 72-N-8 POSTINGS. MAILINGS NO WRITTEN PROTESTS PHOTOS RESUME PUBLIC HEARING DECLARED CLOSED 72-N-8 RES. NO. 72-59 ORDER ABATEMENT 72-N-8 SECTION 2 30" DAYS TO ABATE RESOLUTION NO. 72-59 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 72-N-10 POSTINGS. MAILINGS NO WRITTEN PROTESTS PHOTOS RESUME BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖCpeOOOS4P2 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 72-N-10. Mayor Blewett declared the public hearing closed. RESOLUTION NO. 72-60 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 72-N-10) Director of Public Works Perry stated that under Section 2 a time limit of 60" days should be established. COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 72-60 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 72-N-14. to determine whether certain premises and buildings and structures constitute a public nuisance at 13210 Ramona Boulevard. Proper postings and mailings had been accomplished. There were no written protests, Director of Public Works Perry presented photographs of the property. He stated it was a residential structure in a commercial zone, and has been vacant for more than six months. He stated that the policy had been that when such an instance occurs, that the structure be brought up to the comnercial standards. Mr. Perry stated it was possible that the building could be economically rehabili- tated to the point where it would meet acceptable standards for commercial use. Mrs. Edith Dunn, 101 Palm Drive, Arcadia, owner of the property, requested to see the photographs. She stated she and her husband had met with Mr. Perry to see what needed to be done to the property, and she stated it was his feeling that demolition was the only way to abate the nuisance. She stated she did not feet demolition was necessary, and they had had a builder look at the building, and he told them it was structurally sound. She stated the notice indicated only that the structures were sub- standard, and she would like specifics. Also, the notice indicated a general lot cleanup to be conducted, and she stated the enforcement officer, Mr, Palmer, had told her the yard was clean. She further stated that the fence which is around the property, and which was placed there some years ago at the request of the Planning Department, would cost $503 to replace. Mr. Perry attempted to clarify the problems comprising the substandard condition of the structures. Mrs. Dunn stated that no one from the City had been inside the structures and. therefore, she did not feet they were qualified to designate them substandard. Mavor Btewett requested Mrs. Dunn's permission for a building inspector to enter the buildings and make a thorough inspection; however, Mrs. Dunn stated she would have to consult with someone before giving permission. Continued) April 19. 1972 Page 7 PUBLIC HEARING DECLARED CLOSED 72-N-10 RES. NO. 72-60 ORDER ABATEMENT 72-N-10 SECTION 2 60" DAYS TO ABATE RES. NO. 72-60 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 72-N-14 POSTINGS, MAILINGS NO WRITTEN PROTESTS PHOTOS RESUME MRS. EDITH DUNN 101 PALM DRIVE ARCADIA BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖC peC005423 Regular Meeting of the Baldwin Park City Council April 19. 1972 Page 8 Mrs. Dunn reiterated she would like each violation specifically cited. Mayor Btewett stated that If she would permit an Inspection. she would receive a defatted report; however, Mrs. Dunn refused permission for the Inspection. Mr, Perry pointed out that, without entering the building, it could be determined to be a public nuisance In that It did not conform to the commercial standards in the commercial zone, such as a one-hour fire wall, etc. Discussion followed. Mr. Perry stated that if the property was determined to be a public nuisance, Mrs. Dunn could be furnished a detailed list of violations and could then decide whether she wished to rehabilitate or demolish. Further discussion followed. Councilman McCaron asked why the property could not be rehabilitated to be used as a home. Mrs. Dunn stated that the cost to stucco the building would be prohibitive. She stated they would be willing to rehabilitate it within their means, and to a certain extent. She further stated she had spoken to the Fire Prevention man, and he did not feel It was a fire hazard. Councilman McCaron felt the matter should be considered by the Building Department and then be brought back to the Council, and suggested that Mrs. Dunn consider whether she wished to rehabilitate or demolish the structures. Mayor Blewett directed that Mr. Perry meet with Mrs* Dunn, and that he present'a detailed report to the Council at the next meeting* Mayor Blewett stated that Case No. 72-N-14 would be continued to May 3, 1972. There were no objections. 00- It was the time and place fixed for a public hearing on Z-358, application for a zone change from R-1 single family residential) zone to C-2 general commercial) zone on property located at 3116. 3120. 3130. 3138, 3146. 3202. 3210 and 3224 Puente Avenue. Applicant: Borchard Street. Inc. Proper publication, postings and mailings had been accomplished. There were no written protests. Planning Director Gordon stated the proposed use of the property would be a neighborhood shopping center, and with the vacant property to the east, it could become a community size shopping center in the future. Mr. Gordon presented a plot plan. indicating that this was only a tentative sketch of how the property could be used, and how a shopping center could be put on this property. Mr. Gordon stated that the Planning Comnission recorrmended approval, and that second reading on the ordinance be withheld until precise plans are submitted. Continued) DPW TO PRESENT REPT. AT NEXT MTG 72-N-14 CONT. TO MAY 3. 1972 PUBLIC HEARING Z-358 APPLICANT: BORCHARD STREET. INC. PUBLICATION, POSTINGS & MAILINGS NO WRITTEN PROTESTS RESUME BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖC peCC05424 Regular Meeting of the Baldwin Park City Council TESTIMONY WAS GIVEN BY: Mr. Slade, Vice President of Borchard Street, Inc., stated he would be happy to answer any questions Council might have. He indicated a definitive plan was not ready yet, but it would probably be ready by the next meeting. Mayor Blewett asked when groundbreaking and actual con- struction were planned. Mr. Slade replied that they were hopeful of starting on July 15, and having it com- pleted by the end of the year. In answer to Mayor Blewett's question, Mr. Slade stated the project was being planned to allow future development to the east. In answer to Councilman McCaron's question, Mr. Slade replied he understood that second reading would be withheld contingent upon receipt of precise plans, and that this was acceptable to him. City Attorney Flandrick advised Mr. Slade there was a 10-foot dedication requirement on Puente Avenue, and Mr. Slade stated he was aware of this. Harry Last, 5021 Banner Avenue, Covina, part owner of the property and liquor store located at 14517-19-21 E. Garvey, stated he was in favor of rezoning the property in question. However, he would not be in favor of another establishment selling alcoholic beverages being permitted in the area. He stated there were not enough people in the area to warrant additional licenses to sell liquor. He stated he felt justified in strongly opposing any more liquor stores or similar establishments on the property in question. He asked that the Council give careful consideration to a snail businessmn Mho had paid taxes regularly for the last 15 years. Mr. Last requested that he be permtted to see the building plans before they were approved by the City. It-. Gordon stated, for the record, that the procedure for anyone who wished to see the final plans before they were approved would be to send a letter to the Planning Director Indicating such a desire, and they would be contacted when the plans are submtted for approval. Councllnan HcCaron asked whether the lot lines would be erased and this property be ide one parcel. Mr. Gordon stated that when the parcel nap Is suhritted all the lots will be cortnned, and one or two lots nay be created for lease purposes. City Attorney Flandrick. addressing hiMself to Mr. Last's co—ents, stated that If the zone change were approved, any use Remitted In the C-2 zone would be permitted. The Issuance of licenses for on-sale and off-sale liquor Is deternned by the Alcoholic Beverage Control, and not by the City. As there was no one else In the audience desiring to speak either In behalf of or In opposition to Z-358, Mayor Blewett declared the public hearing closed. Continued) April 19. 1972 Page 9 TESTIMONY MR. SLADE. V.P. BORCHARD ST.. INC HARRY LAST 5021 BANNER AVE. COVINA PUBLIC HEARING DECLARED CLOSED Z-358 BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖCpet005425 Regular Meeting of the Baldwin Park City Council April 19. 1972 Page 10 City Attorney Ftandrick read by title: ORDINANCE NO. 635 AMENDING THE ZONING MAP OF SAID CITY AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE R-1 TO C-2 ZONE CASE NO. Z-358) COUNCILMAN MC CARON MOVED THAT FURTHER READING OF ORDINANCE NO. 635 BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN MC CARON MOVED THAT ORDINANCE NO. 635 BE INTRODUCED. 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 AZC-63, amending the Baldwin Park Zoning Code Section 9503 et seq. to consider changes in the Off-Street Parking Requirements. Initiated by the Planning Commission. Proper publication and postings had been accomplished. There were no written protests. Planning Director Gordon reviewed his report, indicating the proposed changes. Discussion followed regarding square footage requirements for mobile home parks. Mr. Gordon stated there was no Code requirement at present; the Planning Commission had adopted a guideline* and since mobile home parks were subject to conditional use permits, they were given the guideline and the individual conditions were worked out with the applicant. Councilman Hamilton stated he felt the proposed changes were an improvement over the present ordinances. As there was no one in the audience desiring to speak either in behalf of or in opposition to AZC-63, Mayor Blewett declared the public hearing closed. City Clerk Batkus read by title: ORDINANCE NO. 636 AMENDING SECTIONS 9501 AND 9506 OF THE BALDWIN PARK ZONING CODE RELATING TO OFF-STREET PARKING REQUIREMENTS CASE NO. AZC-63) COUNCILMAN KING MOVED THAT FURTHER READING OF ORDINANCE NO. 636 BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN KING MOVED THAT ORDINANCE NO. 636 BE INTRODUCED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- Mr. Victor LoVecchio had requested to speak under Oral Communications. For Council's information. City Attorney Flandrick advised that the matter on which Mr. LoVecchio wished to speak was presently in the hands of the District Attorney's Office, Continued) ORD. NO. 635 AMEND ZONING MAP R-1 TO C-2 Z-358 FURTHER RDG. WAIVED ORD. NO. 635 ORD. NO. 635 INTRODUCED PUBLIC HEARING AZC-63 OFF-STREET PARKING PUBLICATION. POSTINGS NO WRITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED AZC-63 ORD. NO. 636 AMEND ZONING CODE RE OFF-STREET PARKING AZC-63 FURTHER RDG. WAIVED ORD. NO. 636 ORD. NO. 636 INTRODUCED VICTOR LO VECCHIO VIC'S UNCLAIMED FRT. BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖC 1972 04 19 CC MIN(ÌìÖC pe005^127 Regular Meeting of the Baldwin Park City Council City Clerk Balkus presented a request for a parade permit from the American Freedom From Hunger Foundation. She stated this would be a walk throughout the City, door-to-door. to solicit donations, and there would be 30 cars to pick up walkers. The date of the parade is May 13, 1972. Chief of Police Adams stated his department had checked the organization and found it to be a legitimate organization which had been operational for about five years. He stated they solicited donations to provide food for the needy, and there were many high school and college students Involved In the project. He stated that on this particular occasion. It was a five city program. City Clerk Balkus asked whether insurance was required, and the City Attorney replied It was not. COUNCILMAN HAMILTON MOVED THAT THE PARADE PERMIT BE APPROVED AND THAT FEES BE WAIVED. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- City Clerk Balkus read In its entirety: RESOLUTION NO. 72-61 DESIGNATING THE CITY'S REPRESENTATIVES AND ALTERNATES TO CERTAIN MUNICIPAL COMMITTEES AND ORGANIZATIONS COUNCILMAN KING MOVED THAT RESOLUTION NO. 72-61 BE ADOPTED COUNCILMAN GREGORY SECONDED. There were no The motion carried and was so ordered. AS READ. objections. 00- April 19, 1972 Page 12 REQUEST FOR PARADE PERMIT AMERICAN FREEDOM FROM HUNGER FOUNDATION P.O. CHECK OF ORGANIZATION INSURANCE NOT REQUIRED APPROVAL OF PERMIT GRANTED & FEES WAIVED RES. NO. 72-61 DESIGNATE REPS AND ALTS TO COMM. & ORGS RES. NO. 72-61 ADOPTED D1rector of Public Works Perry presented reports of work completed under the Short Form 1911 Act on 71-S-53, east side of Syracuse Avenue between Salisbury Street and Royston Street, for curb and gutter; 71-S-54, east side of Syracuse Avenue between Blenheim Street and Salisbury Street, for curb and gutter; 71-S-55, east side of Syracuse Avenue between Ramona Boulevard and Blenheim Street, for curb and gutter; and 71-S-56, northeast side of Bess Avenue between Athol Street and Nangum Street, for curb and gutter. RESOLUTION NO. 72-57 SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORTS OF THE SUPERINTENDENT OF STREETS 71-S-53. 54. 55 & 56) COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 72-57 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- Director of Public Works Perry reviewed his report regard- ing the proposed vacation of a future street in conjunction with SP-21. RESOLUTION NO. 72-62 DECLARING INTENTION TO VACATE CERTAIN PORTIONS OF A FUTURE STREET BOUNDED NORTHEASTERLY BY MONTEREY AVENUE, SOUTH- WESTERLY BY REXWOOD AVENUE. SOUTHEASTERLY BY BALDWIN PARK BOULEVARD AND NORTHWESTERLY BY FRAZIER STREET Continued) REPORTS OF WORK 71-S-53 71-S-54 7T-S-55 71-S-56 C&G, C&G C&G; C&G RES. NO. 72-57 SET HEARING DATE 71-S-53. 54. 55. 58 RES. NO.-72-57 ADOPTED P.H. 5/17/72 VACATION OF FUTURE STREET SP-21) V-72-1 RES. NO. 72-62 DECLARE INTENTION TO VACATE PORTIONS OF FUTURE ST. MONTEREY. REXWOOO. B.P. BLVD.. FRAZIER) BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖCpe0005428- Regular Meeting of the Baldwin Park City Council COUNCILMAN KING MOVED THAT RESOLUTION NO. 72-62 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- Director of Public Works Perry reviewed his report regarding TOPICS allocations, stating that the City must provide the Department of Public Works a resolution to obligate the 1971-72 and 1972-73 proportionment of the TOPICS funds. He stated that each year's allocation would be approximately $22,000. April 19. 1972 Page 13 RES. NO. 72-62 ADOPTED TOPICS ALLOCATIONS 1971-72 & 1972-73 COUNCILMAN KING_MOVED THAT THE CITY OF BALDWIN PARK HEREBY RESOLVES THAT IT INTENDS TO UTILIZE THE 1971-72 AND 1972-73 TOPICS ALLOCATIONS AND THAT THE STATE DEPARTMENT OF PUBLIC WORKS BE SO ADVISED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- Director of Public Works Perry reviewed his report regarding TOPICS Project T3041(99), stating that this project refers to construction of traffic signals at Maine and Olive and Maine and Los Angeles. He stated the subject agreement incorporated the project in the Master TOPICS Agreement, and reconnended that the Mayor and City Clerk be authorized to execute the agreement. COUNCILMAN HAMILTON MOVED THAT THE MAYOR AND THE CITY CLERK BE AUTHORIZED TO EXECUTE THE SUBJECT AGREEMENT. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- Director of Public Works Perry reviewed his report regarding an agreement with Lockman and Associates for construction of El ton Street between Ramona Boulevard and Los Angeles Street. RES. OF INTENTION TO UTILIZE TOPICS ALLOCATIONS TOPICS PROJECT T3041(99) SIGNALIZATION OF MAINE & OLIVE AND MAINE & LOS ANGELES MAYOR & CITY CLERK AUTHORIZED TO EXECUTE AGREEMENT AGREEMENT LOCKMAN & ASSOCIATES ELTON STREET A/D He stated that some of the work is within the City of Irwindale and will require an agreement with that City to allow Baldwin Park to accomplish the work. The project also includes the acquisition of right-of-way, street Improvements, and an agreement with Southern Pacific Railrpal for an at-grade crossing. Lockman and Associates, who 1s also handling the project for the City of Irwindale, will do the assessment engineering involved in the district and will perform negotiations with the Railroad on behalf of the City of Baldwin Park. Mr. Perry stated the City Attorney had reviewed the agreement as to form and found it to be acceptable. COUNCILMAN GREGORY MOVED THAT THE MAYOR AND THE CITY CLERK BE AUTHORIZED TO EXECUTE THE AGREEMENT WITH LOCKMAN AND ASSOCIATES. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- Planning Director Gordon stated that in November he had presented a preliminary report to the Council regarding the possibility of developing the railroad property along Continued) MAYOR 6 CITY CLERK AUTHORIZED TO EXECUTE AGREEMENT REPORT ON RAMONA PARK BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖCpe000^429 Regular Meeting of the Baldwin Park City Council April 19. 1972 Page 14 Ramona Boulevard into a park. Council had requested further information on financing of this park in particular. and other parks in general. Mr. Gordon reviewed his report, which outlined the estimated cost for development of Ramona Park, presented alternatives for financing, such as federal financing, or blending the park with the apartment development, thereby reducing the City's cost to approximately half. The report also included a priority list of park development as listed by the Parks Conmission, which included the Ramona Park development as number 10 on a list of 11 projects. Mr. Gordon stated the report was for Council's information, and no action was required. 00- Planning Director Gordon reviewed his report regarding the Business Reconnaissance Study, the undertaking of which had been recommended several months ago by the Planning Commission and the C.R.A. Study Committee. The purpose of the study would be to determine specific recommendations as to how the City could encourage industrial and commercial development in addition to the recruitment that has been underway by the City for the past year. Mr. Gordon stated that the Planning Commission and some members of the Council had indicated an interest in participating in the selection of the consultant. He suggested setting up three joint meetings of the Planning Commission and the Council to allow three consultants to make presentations of their qualifications. Mr. Gordon stated he had been in contact with three different firms during the past several months, and all had indicated an interest in the project. The firms are Development Research Associates, of Los Angeles, Lampman & Associates, of Pomona; and Menard and H111, a local firm. Mr. Gordon suggested that the Council select three dates for these meetings, and he would make arrangements with the firms and the Planning Commission. He felt the meetings should be open to the public, and should be held in the Community Building at Morgan Park, Discussion followed. The Council selected May 8, 9 and 10, 1972 at 5:00 p.m. as tentative dates for the meetings, and Instructed Mr, Gordon to try to make the arrangements for these dates. EST. CITY COSTS PLAN A HUD) $750.000 PLAN B APT. DEV.) $375.000 REPORT RE RECONNAISSANCE STUDY SELECTION OF CONSULTANT MEETINGS TENTATIVELY SCHEDULED FOR MAY 8, 9. 10. 1972 AT 5:00 P.M. 00- Councilman Gregory comnented on Christmas in April". referring to the Christmas decorations on Ramona Boulevard. Councilman Hamilton explained that the Chamber of Commerce is trying different types of decorations to determine which would be most suitable for the Christmas season. 00- Councilman King read a post card signed by Concerned Parents" regarding approval of legalized marijuana by the Berkeley School Board and support of this measure by the Berkeley City Council, and asking where our City Continued) CHRISTMAS DECORATIONS FOR RAMONA BLVD. LEGISLATION RE LEGALIZED MARIJUANA BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖCpe0005430 Regular Meeting of the Baldwin Park City Council April 19, 1972 Page 15 Council stood on this Issue. The card requested that the Council make Its stand public, and encouraged letters to legislators opposing legalization of marijuana. Councilman King stated he was very much opposed to legalized marijuana. Discussion followed. Mayor Blewett commented that an Initiative petition was currently being circulated In the State to have the proposition put on the ballot in November, to allow the voters to decide whether they want marijuana legalized or have It remain Illegal. Mayor Blewett directed the City Clerk to prepare a resolution for the next meeting so the Council might take a stand against the legalization of marijuana. Mrs. Helen Gibson, 13268 Francisquito, stated she would like to see the City develop a turn In a pusher" program such as some of the surrounding cities had done. City Manager Mocalis stated he had been requested by the Council to investigate the T.I.P" program. He stated the Police Department had made an analysis of what some cities had been doing, and had determined there would be a problem in obtaining funds to reward" the people who did provide information. The Police Department reconnended we not embark on such a program until we had budgeted funds for this purpose. Mayor Blewett stated he had discussed this matter with the Lt. Governor of Kiwanis, which is the organization spearhead- ing the T.I.P. program, and they are piloting it on the West Coast in the Glendora area. They are hopeful it will be successful enough in that area so it wilt spread throughout the valley, and Mayor Blewett felt that this organization might provide the necessary funds. 00- Mayor Blewett suggested that the City Council meetings begin with a prayer, as Is done~by many Councils throughout the Valley. He asked for the views of the other Council members. Councilman King stated he would be in favor of this. Councilman Gregory stated this had been the practice in the past; however, because of Wednesday night being Prayer Meeting night In many churches, and various other obliga- tions of the ministers, the practice had been dropped. She stated she would like to see it revived. Meiyor Blewett directed the City Clerk to contact the Ministerial Association regarding the matter. Councilman Hamilton stated that even though the minister may not be able to attend, he usually has an assistant who could attend and offer a prayer. He stated he would like the churches of each denomination invited to participate. 00- COUNCILMAN KING OPPOSED TO LEGALIZATION CITY CLERK TO DRAW RES. AGAINST LEGALIZATION HELEN GIBSON 13268 FRANCISQUITO RE T.I.P." PROGRAM SUGGESTION TO BEGIN COUNCIL MTGS. WITH PRAYER CITY CLERK TO CONTACT MINISTERIAL ASSN. BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖCpef005431 Regular Meeting of the Baldwin Park City Council April 19. 1972 Page 16 AT 9:40 P.M.. COUNCILMAN KING MOVED THAT TIC CITY COUNCIL ADJOURN 9:40 P.M. ADJOURN* COUNCILMAN GREGORY SECONDED. There were no objections. The notion carried and was so ordered. 00- L^^>f^^^ TritlMA L. 6ALkU§. CITY CLERk—— APPROVED: TT^a^/^_______. 1972 Date of Distribution to City Counci 1: /^}^/c^ 1972 Date of Distribution to Departments: X^^^^______. 1972 BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 04 19 CC MIN(ÌìÖCpeREGULAR 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 Gregory led the salute to the flag. Roil Call: Present: COUNCILMEN GREGORY, HAMILTON, KING, MC CARON AND MAYOR BLEWETT 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 CALE, CITY CLERK BALKUS 00- APRIL 19, 1972 7:30 P.M. FLAG SALUTE ROLL CALL CONTINUATION OF PUBLIC HEARINGS CONTINUATION OF PUBLIC HEARINGS Public Nuisance To determine whether nuisance exists 1. 72-N-14 13210 Ramona Boulevard 00- AT 9:40 P.M., COUNCILMAN KING MOVED THAT THE CITY COUNCIL ADJOURN. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- CONT. TO MAY 3, 1972 ADJOURN 9:40 P.M. 22^2^-^- /S^JL^ THELMA L. BALKUS, CITY CLERK DATED: April 20. 1972 TIME: 10:00 A.M. BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 pefC054?(> Regular Meeting of the Baldwin Park City Council April 19, 1972 Page 11 and under these circumstances the Council would have no further control over the matter. Mayor Blewett explained to Mr. LoVecchio that the City Council was powerless to act on the matter; however, he could certainly address the Council if he so desired. Mr. LoVecchio stated he had started his business about three years ago as a decorative arts business; however, it was not successful and he found it necessary to change to something more adaptable to the particular area, and he is now in the business of unclaimed freight, with approximately 10% of his merchandise being used, and the rest being damaged new goods. He stated, however, that the Planning Commission would not approve this business. Planning Director Gordon clarified that the complaint was against the sale of used merchandise in the C-2 zone, which is prohibited. Mayor Blewett stated that if only 10% of the merchandise was used, it would probably be easier for Mr. LoVecchio to comply with the Code by eliminating the sale of used goods. Mr. LoVecchio remarked that Mr. Perry had been in his store recently. He addressed Mr. Perry, and asked for his opinion of the merchandise. Mr. Perry commented that it appeared to him to be mostly second-hand merchandise. Mr. LoVecchio commented that if he had to make any changes, it would put him out of business, but he would need some time to get out. Councilman Gregory.asked what the District Attorney's procedure was in such a case. City Attorney Flandrick stated that, generally, the District Attorney's office would call an office conference, with a representative of the City and the person involved and, based on that conference, the District Attorney will either issue a complaint or decline to issue one. He stated one of the questions they would resolve would be whether or not there is used merchandise being sold, and this would be done by having someone from that office physically inspect the premises. Mayor Blewett stated that Mr. LoVecchio would have to wait for notice from the District Attorney of the office conference, at which time he would be able to present his case to them. He commented that the Council was certainly not trying to put anyone out of business, but were only enforcing the laws of the City. Mr. LoVecchio stated that other stores in the block had more used merchandise than he did. Mr. Gordon explained that the ordinance was adopted around 1967, so there are a few businesses which have non-conforming rights, such as the Salvation Amy and the Buy-Back Store; however, any business coming in since adoption of the ordinance must comply, and the others have a time period for phasing out. Councilman McCaron stated he felt that where there was a possibility of a man losing his business, the Council should be futty informed, and he asked that Mr. Gordon present a detailed report at the next meeting on Mr. LoVecchio's situation. Mayor Blewett so directed Mr. Gordon. 00- NO NON-CONFORMING RIGHTS REPORT ON LO VECCHIO TO BE MADE AT NEXT MEETING BIB] 37659-U01 1972-U02 04-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9968-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06