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HomeMy WebLinkAbout1972 05 17 CC MIN1972 05 17 CC MIN(ÌìÖkpeIN^JDE.^ May 17. 1972 Page Minutes 5/3/72 Approved 1 Treasurer's Report 4/30/72 Received & Filed 1 Res. No. 72-70 Claims 6 Demands Adopted 1 AZC-61 Public Hearing 1 Public Hearing Closed AZC-61 3 Planning Director to report to Council regarding possibly permitting carports in R-1 and R-2 Zones 4 Planning Commission recommendation accepted with change in off-street parking requirement; case referred to Planning Commission for report 4 71-S-53 4 71-S-54 4 71-S-55 5 71-S-56 5 Confirm Costs 71-S-53. 54. 55. 56 5 72-N-5 5 Testimony Mrs. Arthur Weiss 5 Res. No. 72-71 72-N-5) Adopted 6 72-N-16 6 Testimony Jay Angelo, Mr. Richardson 6 Res. No. 72-72 72-N-16) Adopted Staff report modified 7 72-N-17 Res. No. 72-73 Adopted Property owner to be contacted 7 72-N-18 8 Testimony Mrs. Frank Osman 8 Res. No. 72-74 72-N-18) Adopted 72-N-20 8 Res. No. 72-75 72-N-20) Adopted 9 72-N-23 Res. No. 72-76 Adopted 9 Proposed Vacation of future street V-72-1 Monterey Avenue) 9 Res. No. 72-77 Ordering Vacation Adopted 10 Ramona Boulevard Assessment District Confirm Assessments 10 Affidavits of Publication. Mailing & Posting received & filed 10 Three written protests received 10 Testimony Camile Harris The Hat) 10 Statement of Assessment Engineer, Ben Minamide. Lampman & Associates 11 Assessment Engineer's comments on protests Camile Harris & Ruth Thone) 11 Assessment Engineer's comments on protests R. W. Adair & George Seidner) 12 Res. No. 72-78 Overrule Protests A/D 71-1 Adopted 12 Res. No. 72-79 Confirm Assessment AD/71-1 Adopted 12 Z-359 Golden State Bank 13 Testimony Charles Lovelt. V.P.. Golden State Bank 13 Ord. No. 639 Z-359) Introduced 14 AZC-64 Public Hearing 14 Testimony Ray Worthington Big W Trading Post) 14 Testimony Mr. Shroyer, H. H. Erwing, Lenora Woodside 15 Motion to uphold Planning Conmission recommendation for denial of sate of new and used furniture in M-1 Zone 16 Motion carried 17 Res. No. 72-80 Denying Amendnent to Zoning Code Adopted 17 BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpeINDEX May 17. 1972 Page 2 AZC-65 Public Hearing Testimony Eirnn't Waldo Ord. No. 640 Amend BPMC re Precise Plan Architectural Theme Zones) Introduced Oral Comnunications T. E. Carpenter re clarification of conversion of garage to bedroom being public nuisance Letter of Commendation from Mr. Joe L. Cale re Officer D. Schonne Claim Robert A. Lennard Denied and referred to insurance carrier RES. NO. 72-81 AMENDING RESOLUTION NO. 71-175 RELATING TO JOB CLASSIFICATIONS Adopted re part-time building inspector compensation) 20 Short Form Reports of Work 71-S-57. 58. 59. 60 Work approved; public hearing set for 6/21/72 20 Traffic Committee Report re Mrs. Love. 3756 N. Willow, parking adjacent to fire hydrant 20 Page 17 18 18 18 19 20 Plaque re dedication of Ramona Boulevard from Lampman & Associates presented by Director of Public Works DPW and Asst. City Engineer to consider permanent location for plaque and report to Council Report of Planning Director re updating General Plan Proposed format approved Proposed Joint Meeting of City Council and Planning Commission postponed 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-358) Adopted AMENDING CERTAIN OF THE CITY'S ZONING REGULATIONS WITH REFERENCE TO ZONES C-M. M-R. M-1 AND M-2 CASE NOS. AZC-56. 57. 58 AND 59) ORDINANCE NO. 635 ORDINANCE NO. 637 Adopted ORDINANCE NO. 638 Adjourned CORRECTING A CLERICAL ERROR IN ORDINANCE NO. 629 RELATING TO NON-CONFORMING USES Adopted 21 21 21 22 22 22 23 23 23 BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpe005459 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. The Invocation was given by Rev. Merle Smith, of the First United Methodist Church. Present: COUNCILMEN GREGORY, HAMILTON. KING, MC CARON AND MAYOR BLEWETT Roll Call: MAY 17. 1972 7:30 P.M. FLAG SALUTE INVOCATION 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» DEPUTY CITY CLERK CRAWFORD Absent: CITY CLERK BALKUS COUNCILMAN GREGORY MOVED THAT THE CITY CLERK'S ABSENCE BE EXCUSED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- COUNCILMAN GREGORY MOVED THAT THE MINUTES OF MAY 3. 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 GREGORY MOVED THAT THE TREASURER'S REPORT OF APRIL 30, 1972 BE RECEIVED AND FILED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- RESOLUTION NO. 72-70 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 72-70 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. Roll call. There were no objections. The motion carried and was so ordered. CITY CLERK'S ABSENCE EXCUSED MINUTES OF 5/3/72 APPROVED TREASURER'S REPT. OF 4/30/72 RECEIVED ft FILED RES. WO. 72-70 CLAIMS & DEMANDS 4886 4986 PAYROLL PERIOD 4/16/72 4/30/72 RES. MD. 72-70 ADORED City NMnqcr fccalis aiMnistered the Oath to those im audience desiring to be heard 7:30 p.m. taring arrived, it was die tiw aid place for PUBLIC a contlnned prtlic taring on AZC-CT. anewding the Baldwin A2C*€1 tarfc ZoniM Code Section 9571 to add to tJhe R-3 Continued) BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpeCOW 60 Regular Meeting of the Baldwin Park City Council Maty 17. 1972 Page 2 standard for security separation between garages and other development standards. Initiated by the Baldwin Park Planning Commission. Continued from May 3. 1972) Proper publication and postings had been accomplished. There were no written protests. Planning Director Gordon reviewed his report regarding AZC-61. stating that the purpose was to make standards clearer and easier to understand, delete unnecessary requirements, and modify parking requirements. Mr. Gordon stated the hearing had been continued as the Council desired information regarding what other cities required in this area. He reviewed a survey made by the City of Carson approximately 6 months ago which listed the various requirements of all the cities in the County. Regarding the number of spaces, approximately 37-38% of the cities require about a two-to-one ratio; approximately 20% modify the requirement based on the number of bedrooms; approximately one third had a 1-l^s ratio, and the others were higher. In summary, he stated that the majority were around the 2-1 ratio that Baldwin Park presently has, and the others are rapidly coming in that direction. Regarding the type of space, the majority of cities allowed either a covered carport or a garage; approxi- mately 10%, including Baldwin Park, required garages. Regarding the size of the parking space, most of the cities were fairly uniform at either 9x20 or 10x20, and the 10x20 is becoming more cornnon. Mr. Gordon stated, regarding the feeling that the reason for lack of R-3 development might be that the City's standards are too restrictive, in his opinion and from talking to developers, he felt the reason was lack of good and adequately sized sites and not restrictive standards. He stated most present R-3 development is large apartment complexes; the lenders are controlling this. as they feel large lots and large developments afford them better management con- trol. Mr. Gordon listed four qualifications for a good apart- ment site: 1) minimum size of three acres; 2) maximum cost of $1.25 per sq. ft.; 3) on a major street; and 4) adjacent to other large apartments with low vacancy and renting for $175 per month and up. He stated that although we have 236 acres of R-3 zoned property in the City, over 90% of it is unacceptable to builders and developers because a) too small; b) too costly because of houses on property; c) poor location no traffic no other good apartments nearby; d) possibly blighted area. Mr. Gordon felt the City was overzoned in R-3, but had very tittle actual apartment site potential; however, he reiterated he felt it was not because of restrictive standards, but because of the stated reasons. PUBLICATION, POSTINGS NO WRITTEN PROTESTS RESUME Continued) S-- BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpeCC05461 Regular Meeting of the Baldwin Park City Council May 17. 1972 Page 3 Councilman Hamilton asked what the minimum size was on government-subsidized developments. Mr. Gordon replied that presently they were usually 30-50 units. Councilman McCaron asked how the 1,500 sq. ft. per unit worked in with the setbacks, open air space requirements, parking requirements, etc. Mr. Gordon stated that by the Code, on the 1,500 sq. ft. basis, the maximum yield allowed would be about 28 units per acre; however, because of the open space and the parking requirements, and possibly tender requirements, the yield would be reduced to probably 22-25 units per acre. Mr. Gordon stated that the bulk of the apartment con- struction was 2 bedrooms. Referring to the proposed ordinance. Page 3 c) Carports, Councilman King asked what criteria would be used to determine whether carports would be permitted. Mr. Gordon replied that the Planning Commssion had conducted a tour of several apartment developments in other cities and found sole which had architectural features which would lake then attractive and acceptable on the property; the final decision for approval of carports would be at the discretion of the Commission. Councilman Hamilton stated he had recently visited a new apartment complex being constructed In West Covina, consisting of 97 units of 2 and 3-bedroom apartments; there were 190 car spaces, all carports, which Is slightly less than 2 spaces per unit, plus 17 open spaces for visitors. He felt the ordinance as written was still more restrictive than the cities where apartments were being constructed, and stated he agreed with the staff's original reco—uidation of 1h spaces for 1 bedroom, 2 spaces for 2 bedrooms, and 9s spaces for 3 or more bedrooms. COUNCILMAN GREGORY MOVED THAT THE PUBLIC HEARING ON AZC-61 BE CLOSED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. Councilman McCaron suggested that if carports were to be allowed In R-3 zones, the Planning Co—fission should also consider whether they should be allowed in R-1 and R-2 zones. He stated that there were homes presently non- conforming, and he felt consideration should be given to allowing carports to make them conforming, rather than requiring 2-car garages. Councilman Gregory pointed out that if a garage had been converted into another room on a residence, access to the rear likely would have been eliminated; if a carport were allowed, it would have to be in the area of the driveway and would probably front on the street, and this was a situation which the City had been trying to avoid. Councilman McCaron stated this situation was not the intent of his suggestion; however, he felt that there was a definite relationship between allowing carports in the R-3 zone and possibly permitting them as far as making some non-conforming residences conform to Code. He felt there was e need for more study on the matter. Ma^yor Blewett suggested that the study include other cities to determine how many, if any, allowed carports in the R-1 zone. Continued) PUBLIC HEARING DECLARED CLOSED AZC-61 BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpeX®6462 Regular Meeting of the Baldwin Park City Council Mayor Blewett directed Mr. Gordon to report to the Council on the matter- Mr. Gordon stated that, hopefully, within the next six months, the Planning Commission would be studying the entire R-1 and R-2 standards, and parking would be included in this study. Since there appeared to be varied opinions on the parking requirements. Mayor Blewett asked for each Councilman's suggestion. Councilman McCaron felt that the h space could be eliminated, leaving the requirement at 2 spaces. Councilman Hamilton agreed with the staff's original recommendation of 1^, 2 and 2h. Mayor Blewett agreed with the staff's original recommendation. Councilman King approved of the 7h spaces as written in the proposed ordinance, because of recreational vehicle needs, etc. He stated he did not want to be too restrictive, but felt enough room should be provided. Councilman Gregory agreed with Councilman King that adequate parking was needed, pointing out that even in the R-1 and R-2 zones, parking of recreational vehicles was sometimes a problem. Discussion followed. City Attorney Flandrick stated that changes had been made in the proposed ordinance and, therefore, it should be returned to the Planning Commission for a report, with the added change for off-street parking requirements of 1^ spaces for 1 bedroom or less, 2 spaces for 2 bedrooms. 2h spaces for 3 or more bedrooms, plus h space per unit for recreational vehicles and visitor parking. COUNCILMAN KING MOVED THAT THE CITY COUNCIL ACCEPT THE PLANNING COMMISSION'S RECOMMENDATION. WITH THE ADDED CHANGE IN THE OFF-STREET PARKING AS SET FORTH IN THE STAFF REPORT, AND THAT THE MATTER BE REFERRED TO THE PLANNING COWISSION FOR A REPORT. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- It was the time and place fixed for a public hearing on 71-S-53. a Short Form 1911 Act, on the east side of Syracuse Avenue between Salisbury Street and Royston 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-54, on the east side of Syracuse Avenue between Blenheim Street and Salisbury Street, for curb and gutter, to hear any protests in regard to costs. Continued) May 17. 1972 Page 4 PLANNING DIRECTOR TO REPORT BACK TO COUNCIL DISCUSSION ACCEPT P.C. RECOM. WITH CHANGE IN OFF- STREET PARKING REQMT.; REFER TO PLANNING COMM. FOR REPORT PUBLIC HEARING SHORT FORM 71-S-53 C&G) POSTINGS. MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING SHORT FORM 71-S-54 C&G) y BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpeC05463 Regular Meeting of the Baldkrin Park City Council Proper postings and Bailings had been acconplished. There Mere no written protests. It Mas the ti«e and place fixed for a public hearing on 71-S-55, on the east side of Syracuse Avenue between Raooraa Boulevard and Blenheim Street, for curb and gutter, to hear any protests in regard to costs. Proper postings and sailings had been accoBplisheri- There Mere no written protests- It Mas the tine and place fixed for a public hearing on 71-S-56, on the northeast side of Bess Avenue between Athol Street and Hangir Street, for curb and gutter, to hear any protests in regard to costs. Proper postings and Mailings had been accomplished. There Nere no written protests. As there was no one in the audience desiring to speak either in behalf of or in opposition to 71-S-53. 71-S-54. 71-S-55. or 71-S-56. Mayor Bleuett declared the public hearing closed. COUNCILMAN GREGORY MOVED THAT THE CITY COUNCIL RESOLVES THAT THE COSTS FOR SHORT FORM DISTRICTS 71-S-53. 54. 55 AND 56 ARE HEREBY CONFIRMED FOR EACH PARCEL CONCERNED. COUNCILMAN KING SECONDED. There Mere no objections. The otion carried and uas so ordered. 00- It Mas the ti«e and place fixed for a public hearing on 72-N-5, to detenrine whether certain praises and buildings and structures constitute a public nuisance at 3318 Athol Street- Proper postings and Railings had been accomplished. There Mere no written protests. Director of Public Works Perry presented photographs of the property, and reviewed his report. TESTIMONY MAS GIVEN BY: Mrs. Arthur Veiss. 3318 N. Athol, stated they had tried to comply mth the required corrections; however, it Mould require see tine, since her husband worked the graveyard shift and could not work on the property during the day. In answer to Mayor BleMett's question, Mrs. Ueiss stated she felt 60 days would be adequate to clean up the property. As there was no one else in the audience desiring to speak either in behalf of or in opposition to 72-N-5, Ibyor Blewett declared the public hearing closed. RESOLUTION NO." 72-71 FIMHNG AM DETERMINING TIE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SANE ABATED 72-N-5) Continued) a May 17. 1972 Page 5 POSTINGS. MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING SHORT FORM 71-S-55 C&G) POSTINGS, MAILINGS NO HUT-TEH PROTESTS PUBLIC HEARING SHORT FORM 71-S-56 C&G) POSTINGS, MAILINGS NO MITTEN PROTESTS PUBLIC HEARING DECLARED CLOSED 71-S-53. 54. 55. 56 CONFIRM COSTS 71-S-53. 54. 55. 56 PUBLIC HEARING PUBLIC NUISANCE 72-N-5 POSTINGS. MAILINGS NO URITTEN PROTESTS PHOTOS RESUME TESTIMONY NtS. ARTHUR NEISS 3318 N. ATHOL PUBLIC IEARING DECLARED CLOSED 72-N-5 RES. NO. 72-71 ORDER ABATEMENT 72-N-5 BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpe0005464 Regular Meeting of the Baldwin Park City Council Mr. Perry stated that under Section 2 a time limit of 60" days should be established. COUNCILMAN KING MOVED THAT RESOLUTION NO. 72-71 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-16. to determine whether certain premises and buildings and structures constitute a public nuisance at 4139 Alderson Avenue. Proper postings and mailings had been accomplished. There were no written protests. Director of Public Works Perry presented photographs of the property. TESTIMONY WAS GIVEN BY: Jay Angelo, realtor, 3123 Baldwin Park Boulevard, stated he was the agent for the owner of the subject property. He stated that the present tenant had done his best to clean up the property, but it would take some time to clean it up completely. Mr. Angeto stated the property had been leased to a sheet metal contractor for 14 years, during which quite a bit of material accumulated. The tenant had become delinquent in his rent and was subsequently evicted, leaving the accumulated debris and equipment behind. The tenant filed, a countersuit, and the matter was in litigation for some time, which meant the property could not be touched until the litigation was completed. He stated the former tenant was given permission to remove his equipment, but did not remove all the trash, and the present tenant. Mr. Richardson, had hauled many loads of trash to the dump and is making a sincere effort to dean up the place. Mr. Angelo stated the property owner was an engineer on a freighter which was somewhere between here and Japan, and there was no way he could be contacted at present. Mr. Richardson, present tenant of the property, stated he was doing his best to dean up the place, and felt 60 days would be sufficient to complete the job. Councilman McCaron pointed out that the staff report indicated a problem regarding a structure also. Mr. Perry clarified this. stating there was a residential structure on the front of the property that was non-conforming to the M-1 zone requirements, and it was recommended that the structure be brought up to M-1 standards or demolished. Mr. Angeto stated that nothing could be done with the building during the litigation; however, the owner is cognizant of the fact that the City desires action on the property. He stated, however, that he would like time to contact the owner to determine whether he wishes to rehabilitate or demolish the structure. Continued) May 17. 1972 Page 6 SECTION 2 60" DAYS TO ABATE RES. NO. 72-71 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 72-N-16 POSTINGS. MAILINGS NO WRITTEN PROTESTS PHOTOS TESTIMONY JAY ANGELO 3123 BALDWIN PARK BL MR. RICHARDSON 4139 ALDERSON NON-CONFORMING STRUCTURE ON PROPERTY MR. ANGELO BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖk pe0005^65 Regular Meeting of the Baldwin Park City Council May 17. 1972 Page 7 It was the consensus of Council that 90 days should be allowed for abatement of the nuisance, to permit time for the property owner to be contacted. As there was no one else in the audience desiring to speak either in behalf of or in opposition to 72-N-16, Mayor Blewett declared the public hearing closed. RESOLUTION NO. 72-72 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 72-N-16) Mr. Perry stated that under Section 2 a time limit of 90 days should be established, and that the staff report would be modified to permit either demolition or rehabilitation. COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 72-72 BE ADOP+ED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- It was the time and place fixed for a public hearing on 72-N-17, to determine whether certain premises and buildings and Structures constitute a public nuisance at 12749 Salisbury Street. Proper postings and mailings had been accomplished. There were no written protests. Director of Public Works Perry presented photographs of the property. He stated the house had been abandoned and would require a good deal of work to bring it up to correct standards. As there was no one in the audience desiring to speak either in behalf of or in opposition to 72-N-17. Mayor Blewett declared the public hearing closed. RESOLUTION NO. 72-73 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING TIE SAME ABATED 72-N-17) Mr. Penry stated that under Section 2 a time limit of 60" days should be"established. COUNCILMAN KING MOVED THAT RESOLUTION NO. 72-73 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. In answer to Councilman McCaron's question, Mr. Perry stated letters had been sent to the property owner, but there had been no reply. Councilman McCaron felt there was a possibility the structure could be rehabilitated and that an effort.should be made to contact the owner to determine his feelings on the matter. Mr. Perry stated the findings of the Council would be sent to the owner, and he would then have the 60 days to decide whether to rehabilitate or demolish. 00- PUBLIC HEARING DECLARED CLOSED 72-N-16 RES. NO. 72-72 ORDER ABATEMENT 72-N-16 SECTION 2 90" DAYS TO ABATE; STAFF REPORT MODIFIED RES. NO. 72-72 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 72-N-17 POSTINGS. MAILINGS NO WRITTEN PROTESTS PHOTOS RESUME PUBLIC HEARING DECLARED CLOSED 72-N-17 RES. NO. 72-73 ORDER ABATEMENT SECTION 2 60" DAYS TO ABATE RES. NO. 72-73 ADOPTED PROPERTY OWNER TO BE CONTACTED BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖk peG0546ti Regular Meeting of the Baldwin Park City Council It was the time and place fixed for a public hearing on 72-N-18, to determine whether certain premises and buildings and structures constitute a public nuisance at 3130 Robinette Avenue. Proper postings and mailings had been accomplished. There were no written protests. Director of Public Works Perry presented photographs of the property. He felt the structure could be rehabilitated to Code and stated that a permit for the work had been taken out. TESTIMONY WAS GIVEN BY: Mrs. Frank Osman, 3136 Robinette Avenue, stated she lived next door to the subject property, and was interested in what would be done. She stated the house had been empty since Thanksgiving, and had not been touched until about two days ago. Mayor Blewett explained that if Council declared the property a public nuisance, the owner would have a certain amount of time to bring the building up to Code. and if not. further action would be taken by the City. In answer to Mrs. Osman's question, Mr. Perry stated the owner had been notified, and had, in fact, taken out a building permit to accomplish the work. As there was no one else in the audience desiring to speak either in behalf of or in opposition to 72-N-18, Mayor Blewett declared the public hearing closed. RESOLUTION NO. 72-74 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 72-N-18) Mr. Perry stated that under Section 2 a time limit of 60" days should be established. COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 72-74 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- It was the time and place fixed for a public hearing on 72-N-20, to determine whether certain premises and buildings and structures constitute a public nuisance at 13579 Corak Street. Proper postings and mailings had been accomplished. i There were no written protests. Director of Public Works Perry presented photographs of the property, and reviewed the staff report. As there was no one in the audience desiring to speak either in behalf of or in opposition to 72-N-20, Mayor Blewett declared the public hearing closed. May 17. 1972 Page 8 PUBLIC HEARING PUBLIC NUISANCE 72-N-18 POSTINGS. MAILINGS NO WRITTEN PROTESTS PHOTOS RESUME TESTIMONY MRS. FRANK OSMAN 3136 ROBINETTE AVE. PUBLIC HEARING DECLARED CLOSED 72-N-18 RES. NO. 72-74 ORDER ABATEMENT 72-N-18 SECTION 2 60" DAYS TO ABATE RES. NO. 72-74 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 72-N-20 POSTINGS. MAILINGS NO WRITTEN PROTESTS PHOTOS RESUME PUBLIC HEARING DECLARED CLOSED 72-N-20 Continued) BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖk pe0005^67 Regular Meeting of the Baldwin Park City Council RESOLUTION NO. 72-75 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 72-N-20) Mr. Perry stated that under Section 2 a time limit of 60" days should be established. COUNCILMAN KING MOVED THAT RESOLUTION NO. 72-75 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN GREGORY 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-23, to determine whether certain premises and buildings and structures constitute a public nuisance at 3156 Frazier Street. Proper postings and mailings had been accomplished. There were no written protests. Director of Public Works Perry presented photographs of the property, and reviewed the staff report. As there was no one in the audience desiring to speak either in behalf of or in opposition to 72-N-23, Mayor Blewett declared the public hearing closed. RESOLUTION NO. 72-76 FINDING AND DETERMING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 72-N-23) Mr. Perry stated that under Section 2 a time limit of 60" days should be established. COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 72-76 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered- 00- It was the time and place fixed for a public hearing on the proposed vacation of a future street V-72-1 Monterey Avenue). May 17. 1972 Page 9 RES. NO. 72-75 ORDER ABATEMENT 72-N-20 SECTION 2 60" DAYS TO ABATE RES. NO. 72-75 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 72-N-23 POSTINGS. MAILINGS NO WRITTEN PROTESTS PHOTOS RESUME PUBLIC HEARING DECLARED CLOSED 72-N-23 RES. NO. 72-76 ORDER ABATEMENT 72-N-23 SECTION 2 60" DAYS TO ABATE RES. NO. 72-76 ADOPTED PUBLIC HEARING PROP. VACATION FUTURE ST. MONTEREY AVE.) Proper postings had been accomplished. There were no written protests. Director of Public Works Perry stated that on April 19, 1972 the City Council adopted Resolution No. 72-62 declaring its intention to vacate certain portions of a future street as described on map V-72-1. The future street basically was bounded by Monterey, Rexwood, Baldwin Park Boulevard and Frazier. As there was no one in the audience desiring to speak either in behalf of or in opposition to the proposed vacation, Mayor Blewett declared the public hearing dosed, Continued) POSTINGS NO WRITTEN PROTESTS RESUME PUBLIC HEARING DECLARED CLOSED PROPOSED VACATION MONTEREY AVE.) BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖk 1972 05 17 CC MIN(ÌìÖk pe0005^63 Regular Meeting of the Baldwin Park City Council Ben Minamide, of Lampman & Associates, stated he was the Assessment Engineer for this District. The City Attorney asked whether Mr. Minamide had observed the work as per- formed, and whether it was his opinion that the work was accomplished in accordance with the plans and specifica- tions. Mr. Minamide stated he had observed the work, and it was his opinion it had been completed in accordance with the plans and specifications. The City Attorney asked whether the assessments had been prepared by and under the direction of the Assessment Engineer, and Mr. Minamide stated they had. The City Attorney asked whether the assessments as spread were in proportion to the estimated benefits derived by the properties involved, and Mr. Minamide stated they were. City Attorney Flandrick asked what the basic formula for spreading the assessments was. Mr. Minamide replied that the basic formula for the assessment spread was front footage; the improvements fronted the lots that are being served, and during the initial stages of the assessment district, discussions were held that a maximum front footage charge of $25 would be made and, in fact, the assessments had been made at that rate. The City Attorney asked the nature of the benefits that are received by the properties being assessed for this project. The Assessment Engineer stated that, physically, the improvements were made, curbs and gutters were installed, decorative sidewalks were constructed, and an additional 3 feet of sidewalk were provided to accommodate the commercial foot traffic; decorative street lights and the wiring for Christmas lights were installed, and landscaping was provided; further, that these features added to the value of the property in an amount in excess of the respective assessments- City Attorney Flandrick asked whether it was Mr. Minamide's opinion, based on his status with regard to this District and other districts which he had processed, that the costs of the District are far outweighed by the benefits derived by the properties totally and individually) included within the District, and Mr. Minamide replied that would be his opinion. City Attorney Flandrick asked Mr. Minamide to comment on each protest that had been received. Regarding the protest of Mrs. Harris, Parcel N5, at the intersection of Maine and Ramona Boulevard, Mr. Minamide stated there was a driveway access from Maine Avenue in the initial instance. During the course of construction, a substi- tute driveway was provided on Maine Avenue through dealings with the property owner's agent. He stated they had dealt with the agent for the owner, and the driveway was replaced on Maine, with appropriate consent. Regarding Mrs. Thone*s protest. Parcel 55, whose assessment was $619.75, and which she felt excessive for the 24 feet involved, Mr. Minamide stated that in his opinion her property benefitted to a greater extent than the 25 feet that were assessed. Her frontage was 24.79 front feet times the $25 rate, which equals the $619.75 assessment, and he felt her property had benefitted increased in value) to a greater extent than that. Continued) May 17. 1972 Page 11 STATEMENT OF ASSESSMENT ENGINEER BEN MINAMIDE. LAMPMAN & ASSOCIATES PROTEST ON PARCEL #45 CAMILE HARRIS PROTEST ON PARCEL #55 RUTH G. THONE BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpeCGQ5^70 Regular Meeting of the Baldwin Park City Council Regarding Mr. Adair's protest. Parcel #14. who objected to the amount of the assessment, $1,397.25, Mr. Minamide stated that the same comments would apply as applied to Mrs. Thone's protest. He further stated that during the formative stages of this assessment district and prior to the hearing on the Resolution of Intention, individual notices were mailed to a11 property owners, and they were given the estimated assessment at the rate of $25 a front foot at that time. Regarding Mr. Seidner's protest. Parcel #10, Mr. Minamide stated that Mr. Seidner had a 50-foot front lot, times the $25 rate, would equal the $1,250 which Mr. Seidner felt should have been the maximum. His assessment was approxi- mately $151 over that amount; however, a tetter was sent to Mr. Seidner asking whether he wished the extra sidewalk to be constructed. Mr. Seidner signed and returned the tetter to the City, it was duly processed, and the extra sidewalk was constructed. Mr. Minamide felt Mr. Seidner may have forgotten he asked for this extra work. His assessment was increased only to the extent that he requested the extra decorative sidewalk. City Attorney Flandrick asked, in summary, and notwithstanding the protests, oral and written, whether it was Mr. Minamide's opinion that the benefits derived by each property in the District are in excess of the costs, and Mr. Minamide stated it was. The City Attorney asked whether Mr. Minamide recommended that the Council overrule the protests as made, and he stated he did so recommend. City Attorney Ftandrick read by title: RESOLUTION NO. 72-78 OVERRULING AND DENYING PROTESTS RELATING TO THE RAMONA BOULEVARD ASSESSMENT DISTRICT 71-1) COUNCILMAN MC CARON MOVED THAT RESOLUTION NO. 72-78 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. Roll call. There were no objections. The motion carried and was so ordered. As there was no one else in the audience desiring to speak either in behalf of or in opposition to the Ramona Boulevard Assessment District, COUNCILMAN KING MOVED THAT THE PUBLIC HEARING BE DECLARED CLOSED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. City Attorney Flandrick read by title: RESOLUTION NO. 72-79 CONFIRMING ASSESSMENT IN ASSESSMENT DISTRICT NO. 71-1 The City Attorney stated that the additional two protests would be included in the Resolution. COUNCILMAN KING MOVED THAT RESOLUTION NO. 72-79 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. Roil call. There were no objections. The motion carried and was so ordered. 00- May 17, 1972 Page 12 PROTEST ON PARCEL #14 R. W. ADAIR PROTEST ON PARCEL #10 GEORGE K. SEIDNER RES. NO. 72-78 OVERRULE PROTESTS RAMONA BLVD. A/D RES. NO. 72-78 ADOPTED PUBLIC HEARING DECLARED CLOSED RAMONA BLVD. A/D RES. NO. 72-79 CONFIRM ASSESSMENTS ADD TWO PROTESTS RES. NO. 72-79 ADOPTED BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpewosm Regular Meeting of the Baldwin Park City Council It was the time and place fixed for a public hearing on Z-359, application for a zone change from R-3 heavy multiple residential) Zone to C-2 general commercial) Zone on certain real property located at 4027 and 4031 Sterling Drive. Applicant: Golden State Bank. Proper publication, postings and mailings had been accomplished. There were no written protests. Planning Director Gordon reviewed his report regarding Z-359. He stated that on the property at 4031 Sterling are 4 residential units and on the adjacent property at 4027 is a single-family residence. The proposed use is construction of a bank, and Mr. Gordon distributed plot plans indicating the proposed development. Mr. Gordon indicated that the development would be within the proposed architectural theme district; consequently, when developed, this building probably would be one of the first built in the proposed Spanish- Mediterranean theme. Mr. Gordon stated that the Planning Commission recommended approval of the zone change subject to the following conditions: 1) second reading on the ordinance be with- held subject to elimination of existing structures on the property, and the submission of precise plans; and 2) the applicant shall submit a parcel map that combines a11 lots into One. TESTIMONY WAS GIVEN BY: Charles Lovell. Vice President, Golden State Bank, stated he would be happy to answer any questions Council might have concerning the proposed development. Mayor Blewett asked how soon the bank would be built if the zone change were approved. Mr. Lovetl replied that they were waiting for FDIC approval before closing escrow; as soon as the FDIC approval was received, they would close escrow, begin work on the plans, and probably within 60 days from the approval, work would be started on the buijding. Discussion followed. In answer to Councilman McCaron's question, Mr. Lovell stated they were aware that second reading would be with- held until submission of precise plans, and this was agreeable with them. As there was no one else in the audience desiring to speak either in behalf of or in opposition to Z-359, Mayor Blewett declared the public hearing closed. City Attorney Flandrick read by title: ORDINANCE NO. 639 AMENDING THE ZONING MAP OF SAID CITY AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE R-3 TO ZONE C-2 APPLICANT: GOLDEN STATE BANK; ZONE CASE NO. Z-359) May 17. 1972 Page 13 PUBLIC HEARING Z-359 GOLDEN STATE BANK PUBLICATION. POSTINGS & MAILINGS NO WRITTEN PROTESTS RESUME SECOND READING TO BE CONDITIONALLY WITHHELD TESTIMONY CHARLES LOVELL, V.P GOLDEN STATE BANK DISCUSSION PUBLIC HEARING DECLARED CLOSED Z-359 ORD. NO. 639 AMEND ZONING MAP GOLDEN STATE BANK Z-359 COUNCILMAN GREGORY NO. 639 BE WAIVED. were no objections MOVED THAT FURTHER READING OF ORDINANCE COUNCILMAN HAMILTON SECONDED. There The motion carried and was so ordered FURTHER RDG. WAIVED ORD. NO. 639 Continued) BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpe0005^7^ Regular Meeting of the Baldwin Park City Council COUNCILMAN GREGORY MOVED THAT ORDINANCE NO. 639 BE INTRODUCED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- May 17. 1972 Page 14 ORD. NO. 639 INTRODUCED It was the time and place fixed for a public hearing on AZC-64, intent of the Planning Commission to amend Section 9630 or 9631 of the Baldwin Park Zoning Code relating to the sale of furniture, furnishings and appliances new and used) in the M-t Zone. Initiated by the Planning Commission. Proper publication, mailing and postings had been accomplished There were no written protests. Planning Director Gordon stated this case had been initiated after the City Council adopted Urgency Ordinance No. 634 in March 1972. As background information, Mr. Gordon stated that in February 1968 the City adopted new rules for the M-1 Zone which prohibited most retail uses in the manufacturing zone, and one of the uses removed at that time was furniture sales, new and used. Mr. Gordon stated that there are eight stores presently setting furniture and appliances in the M-1 Zone. He stated that the staff's recommendation was that there be no objection to the furniture sales in the M-t Zone pro- vided there was no outside storage and alt sales and displays were conducted indoors. The Planning Commission recommended complete denial. Planning Director Gordon distributed photographs of the existing uses. He stated that this type of use tended to be an eyesore. He cited a property on Arrow Highway where a screening wall was being installed, but which did not enhance the property at alt. Mr. Gordon felt this was a case where a certain industry had to police itself, and when they do not, and when a certain percentage of the businesses in a certain category do not conduct their businesses property, cities begin to outlaw them, and he felt this was the crux of the problem. TESTIMONY WAS GIVEN BY: Ray Worthington, 15108 Arrow Highway, owner of the Big W Trading Post", stated he had been in business for over seven years. He stated that when he bought the property, he understood he could sell new and used furniture and appliances. Thereafter, he received a letter indicating there could be no outside sates, and he had complied with this. He stated he had a fence, which had been recently painted, and he had cleaned the place up; when he bought the property, it was almost bare land and he had put in blacktop, etc. and had put a tot of work into it. He felt he was going to be put out of business now. City Attorney Ftandrick pointed out that if Mr- Worthington had, in fact, started his business in 1964. his business became non-conforming in 1968; however, whether or not Council took action on this case tonight, Mr. Worthington would have the period of time specified in the Code for the abatement of a non-conforming use. Mr. Gordon clarified that the Code specifically stated that outside sates are not permitted and outside storage must be screened by a view-obscuring fence. PUBLIC HEARING AZC-64 FURNITURE SALES IN M-1 ZONE PUB., MAILING, POSTINGS NO WRITTEN PROTESTS RESUME PHOTOS TESTIMONY RAY WORTHINGTON 15108 ARROW HWY. BIG W TRADING POST" Continued) BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpeC 005^73 Regular Meeting of the Baldwin Park City Council Mr. Shroyer, lessee of the property at 15028 Arrow Highway, stated that when he took out his license, he was Informed he would be permitted to buy, sell and trade used furniture and appliances, tools and machinery, etc. He stated that he, personally, had never received official notification that outside sales were not permitted; however, he had seen a letter that Mr. Worthington received, and in order to comply, he had eliminated the outside sales at his place of business. He stated he had invested quite a bit of money in the property, had cleaned the place up, and when the wall he was putting up was finished it would conform to the City codes. In answer to the City Attorney's question, Mr. Shroyer stated he had bought the business from John Zillich, dba John's Trading Post, and had been in business about two months. Mr. Gordon stated that Mr. Shroyer would have gained non-conforming rights, having started his business while the urgency ordinance w.as in effect, provided he met all the requirements of the ordinance. Discussion followed regarding which businesses had non-conforming rights. Mr. Gordon explained that if a business had started prior to the adoption of the 1968 ordinance, it would have non-conforming rights, and if it were a non-conforming use in a conforming building these rights would be in effect for a period of 20 years. In answer to Councilman McCaron's question as to whether the non-conforming rights could be transferred with ownership of the business. City Attorney Flandrick stated they could be transferred, in that it was a land use device and did not relate to ownership, so if the business were sold, it would not interfere with that status. H. H. Erwing, owner of The Auction", 14901 E. Ramona, asked for clarification of the ordinance as it related to his business. Mr. Gordon explained that Mr. Erwing had new furniture sales, and since he was in business before the Code was changed in 1968, new furniture sales were permitted on the property for a period of 20 years, or until 1988, within an enclosed building. Mr. Erwing asked whether this would apply also to the sate of used furniture, and Mr. Gordon replied it would apply. Discussion followed regarding outside sales and displays. Lenora Woodside. owner of the property at 15028 Arrow Highway, stated that Mr. Zillich, former lessee of her property, had been in business for 4 or 5 years without being aware of the fact his business was not legal at this location, and it was brought to light when he had attempted to transfer the business to Mr. Shroyer. Mrs. Woodside stated the new tenant had been trying to clean the property up and improve it, but it will take a little time, and she asked the Council to cooperate in allowing him some time. Continued) May 17. 1972 Page 15 MR. SHROYER 15028 ARROW HWY. NON-CONFORMING RIGHTS GAINED PROVIDED ORD. REQUIREMENTS MET DISCUSSION H. H. ERWING, OWNER THE AUCTION" 14901 E. RAMONA DISCUSSION LENORA WOODSIDE OWNER OF PROPERTY AT 15028 ARROW HWY. BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpeCC0^474 Regular Meeting of the Baldwin Park City Council May 17. 1972 Page 16 Mrs. Woodside stated, however, that this was a large piece of property and would cost quite a bit to enclose it completely; she did not understand why it could not be used as a storage space if a fence was required around it. Discussion followed regarding various businesses which had outside storage. Mr. Gordon explained that, as in most cities, Baldwin Park had certain exceptions to the no out- side storage" requirement, some of which were vehicles and building supplies. Further discussion followed. As there was no one else in the audience desiring to speak either in behalf of or in opposition to AZC-64, Mayor Blewett declared the public hearing closed. Councilman King compared the problem with that of truck yards, stating that the truck yards had been placed under conditional use permits, and possibly the sale of used furni- ture and appliances could be handled in the same manner, rather than by ordinance. He was not in favor of conditional use permits; however, he felt there were ambiguities here, and this might be better under conditional use permits. He felt another consideration was how many types of development could the City afford in its industrial land use. and stated the City could be saturated with only so much of any one given land usage, which poses a problem, inasmuch as Baldwin Park has limited industrial land area. He felt that in this case, the only control would be through conditional use permits. Discussion followed whether or not selling should be permitted in the M Zones. Mr. Gordon suggested that this would be a question to be studied during the Business Reconnaissance Study; however, he stated that in his opinion, the more mixed uses, the less desirable the area becomes for any one use. Councilman Hamilton stated that retailing in the M-1 Zone would be a lesser use, and he could see nothing wrong with it so long as it was conforming. Mayor Blewett stated he tended to agree, but he felt the question before Council at this point was whether the City wanted any more new and used merchandise businesses in the M Zones, rather than the question of retailing, and agreed with Mr. Gordon that this question could be studied during the Reconnaissance Study. Discussion also followed regarding sale of used merchandise as an accessory use when subordinate to the principal use. Councilman King felt any further uses of this type should be disallowed until the Reconnaissance Study is completed, and concurred with the Planning Commission's recommendation of complete denial for the present time. COUNCILMAN KING MOVED THAT THE CITY COUNCIL UPHOLD THE PLANNING COMMISSION'S RECOMMENDATION OF COMPLETE DENIAL OF THE SALE OF NEW AND USED FURNITURE IN THE M-1 ZONE. COUNCILMAN BLEWETT SECONDED. Councilman McCaron felt consideration should be given to permitting sale of used furniture as an accessory use to the sale of new furniture. He did not feel selling in the M-1 zones was objectionable, but he felt the matter was broader than just furniture, and consideration should be given to alt areas. Continued) PUBLIC HEARING DECLARED CLOSED AZC-64 DISCUSSION MOTION TO UPHOLD P.C. REC. OF DENIAL OF SALE OF NEW USED FURN. IN M-1 ZONE BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpeC C0547J Regular Meeting of the Baldwin Park City Council May 17. 1972 Page 17 Councilman King agreed with Councilman McCaron that the matter merited extensive consideration, but stated that the Reconnaissance Study would be underway probably within the next two months and questions of this type could be posed to the consultant for his opinion* He felt there would be no problem In waiting this short period of time, particularly since none of the existing uses would be affected in the interim. Discussion followecL Roll call on the motion. The motion carried by the following vote: Ayes: COUNCILMEN KING, GREGORY AND MAYOR BLEWETT Noes: COUNCILMEN HAMILTON AND MC CARON City Attorney Flandrick read by title: RESOLUTION NO. 72-80 DENYING AN AMENDMENT TO THE ZONING CODE RELATING TO THE SALE OF FURNITURE. FURNISHINGS AND APPLIANCES NEW AND USED) IN THE M-1 ZONE) INITIATED BY THE PLANNING COMMISSION; CASE NO. AZC-64) COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 72-80 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. Roll call. The motion carried by the following vote: Ayes: COUNCILMEN GREGORY. KING AND MAYOR BLEWETT Noes: COUNCILMEN HAMILTON AND MC CARON 00- It was the time and place fixed for a public hearing on AZC-65. intent of the Planning Coimiission to add to Section 9460 et seq. of the Baldwin Park Zoning Code an ordinance for architectural theme zones. Initiated by the Planning Commission. Proper publication and postings had been accomplished. There were no written protests. Planning Director Gordon stated this had been initiated by the Planning Commission at the request of the Chamber of Commerce- He stated that the proposed ordinance would allow the City to adopt architectural overlay zones; however. the zones could be applied to any property only after public hearings. All new buildings, signs, remodeling, repainting, etc. must be reviewed for architectural compatibility with the theme and with adjacent buildings. The review would be accomplished by the Planning Director under the Precise Plan; the Council may, if desired, create an advisory review board for each zone; and the applicant may appeal to the Planning Comnission. Mr. Gordon stated that if the ordinance were adopted, a hearing will be set up to apply the architectural theme to the down- town section. DISCUSSION MOTION CARRIED RES. NO. 72-80 DENY AMENDMENT TO ZONING CODE RE FURNITURE SALES IN M-1 ZONE AZC-64) RES. NO. 72-80 ADOPTED PUBLIC HEARING AZC-65 ARCHITECTURAL THEME ZONES PUBLICATION. POSTINGS NO WRITTEN PROTESTS RESUME Continued) BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpeC005476 Regular Meeting of the Baldwin Park City Council TESTIMONY WAS GIVEN BY: Eronit Waldo, 4170 Sharons Way, President of the Chamber of Commerce, stated the Chamber had been working on this matter for many months and it had progressed to this stage, and he requested that the Council act expeditiously, in that there are property owners who are ready to develop now. In answer to Councilman McCaron's question, Mr. Waldo stated the Chamber had a committee, headed by an architect, working on the project and they had received two renderings of five stores within a block, one of an Old West theme and the other of a Mediterranean theme. He stated the render- ings were placed in the bank, with a ballot box, and the public voted 3-1 in favor of the Mediterranean theme. The property owners and businessmen were then approached, and voted 99.9% in favor of the Mediterranean theme. Mr. Waldo reiterated that there were property owners who were ready to remodel now, and he felt it important that action be taken on this immediately. Councilman McCaron asked whether Mr. Waldo felt the Council or the Committee should be controlling the issue, and Mr. Waldo replied he felt there should be a review board comprised of property owners, and if someone is dissatisfied they may appeal to the Council or the Conmission. As there was no one else in the audience desiring to speak either in behalf of or in opposition to AZC-65, Mayor Blewett declared the public hearing closed. City Attorney Flandrick read by title: ORDINANCE NO. 640 AMENDING THE BALDWIN PARK MUNICIPAL CODE RELATING TO PRECISE PLAN REVIEWS AZC-65) COUNCILMAN GREGORY MOVED THAT FURTHER READING OF ORDINANCE NO. 640 BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN GREGORY MOVED THAT ORDINANCE NO. 640 BE INTRODUCED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- Under Oral Communications, T. E. Carpenter, 4346 Jerry Avenue, requested to address the Council. Mr. Carpenter stated he wished to ask some questions regarding Item 7 on the Agenda. Case No. 72-N-20. He stated that apparently this was considered a public nuisance because the garage had been converted to a bedroom. Director of Public Works Perry stated there were several reasons it had been declared a public nuisance, one of them being that the garage had been converted to a bedroom. In answer to Mr, Carpenter's question, Mr. Perry stated that the other violations to be corrected were: replace or repair all electrical wiring in house; no heater in structure must install heater; connect to public sewer system cesspool is overflowing; provide certified fumigation report. May 17. 1972 Page 18 TESTIMONY EMMIT WALDO 4170 SHARONS WAY PRESIDENT. CHAMBER OF COMMERCE PUBLIC HEARING DECLARED CLOSED AZC-65 ORD. NO. 640 AMEND BPMC RE PRECISE PLAN ARCHITECT. THEME) AZC-65 FURTHER RDG. WAIVED ORD. NO. 640 ORD. NO. 640 INTRODUCED T. E. CARPENTER 4346 JERRY AVENUE Continued) BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpeft 05477 Regular Meeting of the Baldwin Park City Council May 17. 1972 Page 19 Mr. Carpenter stated that, basically, it had been the conversion of the garage, and Mr. Perry replied that this was what had brought it to the staff's attention. Mr. Carpenter asked whether the people, then, who had converted their garages into bedrooms were creating a nuisance. Councilman King stated that the dwelling was vacant, and the vacancy factor was the criteria for the City's initial involvement, although there were a number of other reasons for declaring the property a nuisance. Mr. Carpenter reiterated that, basically, though it had been converting the garage. Councilman King stated that was not the basic reason, in that all reasons are basic, and not just an individual item. Mr. Carpenter stated that converting a garage to a bedroom. then, would not be considered a nuisance. Councilman King explained that it was not in the ordinance; it was non- conforming and could be abated. If the City took abatement procedures on all properties in the City with garages con- verted to bedrooms there would be hundreds of them. When these people sell their properties they are going to have a difficult time, because it is not on the books as a bedroom. Councilman King stated that issue was not being taken with the garage alone, but also the other areas as mentioned, and the fact that the house was vacant brought it under this particular action. Mr. Carpenter pointed out that the audience did not have copies of the report, so were not aware of all the pertinent information. City Attorney Flandrick pointed out that someone who converts a two-car garage to a bedroom or den in the absence of a zone variance has probably violated the Zoning Ordinance and the Building Regulations and that is, in fact, a nuisance by law. Mr. Carpenter asked whether this would apply if the garage were converted to anything other than a-garage. City Attorney Flandrick replied it would probably be a violation of the Zoning Regulations in view of the fact you are eliminating parking, and probably a violation of the Building Regulations. Mr. Carpenter asked whether a hobby, such as a machine shop, a sheet metal shop, etc. would be in violation. City Attorney Flandrick replied he would assume it would be, unless permitted by the Code or a variance. 00- City Manager Mocalis stated a letter commending Officer LETTER OF COMMENDATION D. Schonne for investigative work in the field regarding RE OFFICER D. SCHONNE an accident case had been received from Mr. Joe L. Cale. Mr. Mocalis stated each Council member had received a copy of the letter, and a copy would be placed in the officer's personnel file. Mr. Mocalis thanked Mr. Cate for bringing the matter to Counci1's attenti on. 00- City Attorney Flandrick presented a claim in the name of Robert A. Lennard, and recommended the claim be denied and referred to the insurance carrier. Continued) CLAIM ROBERT A LENNARD BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpe054^9 Regular Meeting of the Baldwin Park City Council COUNCILMAN GREGORY MOVED THAT THE CLAIM IN THE NAME OF ROBERT A. LENNARD BE DENIED AND REFERRED TO THE INSURANCE CARRIER. COUNCILMAN KING SECONDED. There were no objec- tions. The motion carried and was so ordered. 00- City Manager Mocalis stated that a part-time building inspector had been budgeted in the 1971-72 budget, at compensation of about $4 per hour. He stated the existing full-time inspectors are paid at the rate of $4.50 to $5.50 per hour, and including fringe benefits, etc. the rate becomes $5.97 to $7.26 per hour. He stated it had been impossible to hire a part-time inspector at the $4 per hour rate, and requested that the rate be changed to $5 per hour. City Manager Mocalis read by title: RESOLUTION NO. 72-81 AMENDING RESOLUTION NO. 71-175 RELATING TO JOB CLASSIFICATIONS COUNCILMAN KING MOVED THAT RESOLUTION NO. 72-81 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- Director of Public Works Perry presented reports of work completed under the Short Form 1911 Act on 71-S-57, west side of Foster Avenue between Foster Circle and Frazier Street, for curb and gutter; 71-S-58, northwest side of Vine!and Avenue between Rexwood Street and Merced Avenue, for sidewalk and drive approach; 71-S-59, east side of Bleecker Street between Arrow Highway and Nubia Street, for curb and gutter; and 71-S-60, south side of Palm Avenue between Walnut Street and Merced Avenue, for purb and gutter. COUNCILMAN KING MOVED THAT THE CITY COUNCIL RESOLVES THAT COMPLETION OF THE DISTRICTS IS HEREBY APPROVED AND A HEARING DATE OF JUNE 21, 1972 IS SET TO HEAR ANY PROTESTS OR OBJEC- TIONS TO THE COST OF CONSTRUCTION. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- Director of Public Works Perry reviewed the Traffic Committee Report, stating that at the last Council meeting* Mrs. Love, 3756 N. Willow Avenue, appeared before Council regarding parking citations receiveo for parking adjacent to a fire hydrant in her front yard. Mr. Perry stated that the Police Department had investigated the matter and had determined that Mrs. Love wilt be per- mitted to continue to park in the same manner in relation to the fire hydrant. 00- May 17. 1972 Page 20 CLAIM DENIED & REFERRED TO INSURANCE CARRIER PART-TIME BUILDING INSPECTOR RATE OF PAY RES. NO. 72-81 JOB CLASSIFICATIONS RES. NO. 72-81 ADOPTED REPORTS OF WORK 71-S-57 C&G) 71-S-58 S&DA) 71-S-59 C&G) 71-S-60 C&G) WORK APPROVED P.M. SET FOR 6/21/72 TRAFFIC COMMITTEE REPORT RE MRS. LOVE 3756 N. WILLOW PARKING ADJACENT TO FIRE HYDRANT PARKING TO BE PERMITTED BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpe NOTEXTPAGE BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpe NOTEXTPAGE BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 05 17 CC MIN(ÌìÖkpe NOTEXTPAGE BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 peWWQ Regular Meeting of the Baldwin Park City Council RESOLUTION NO. 72-77 ORDERING THE VACATION OF CERTAIN PORTIONS OF A FUTURE STREET BOUNDED NORTHEASTERLY BY MONTEREY AVENUE, SOUTHWESTERLY BY REXWOOD AVENUE, SOUTHEASTERLY BY BALDWIN PARK BOULEVARD AND NORTHWESTERLY BY FRAZIER STREET COUNCILMAN GREGORY MOVED THAT RESOLUTION NO. 72-77 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN KING SECONDED. At Councilman King's request, Mr- Gordon reviewed the events leading up to this vacation. There were no objections to the motion. The motion carried and was so ordered. 00- It was the time and place fixed for a public hearing to confirm the assessments in connection with the Ramona Boulevard Assessment District 71-1. May 17. 1972 Page 10 RES. NO. 72-77 ORDER VACATION FUTURE STREET RES. NO. 72-77 ADOPTED MOTION CARRIED PUBLIC HEARING RAMONA BLVD. A/D CONFIRM ASSESSMENTS City Attorney Flandrick stated that the purpose of the hearing was to allow any property owner likely to be assessed for any costs in the district to present any protests or objections to the amount of the proposed assessment and/or whether the work was accomplished in accordance with the plans and specifications. Mayor Blewett asked the Deputy City Clerk whether she had the affidavits relative to this hearing, i.e., Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. The Deputy City Clerk stated she had the three affidavits. COUNCILMAN GREGORY MOVED THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVITS OF PUBLICATION. MAILING AND POSTING. COUNCILMAN KING SECONDED. Roll call. There were no objections. The motion carried and was so ordered City Attorney Flandrick stated the City Clerk had received written protests from George M. Seidner, Parcel #10, R. W. Adair, Parcel #14. and Ruth G. Thone, Parcel #55. He read each protest in its entirety. Copies in official files.) TESTIMONY WAS GIVEN BY: Camile Harris, owner of The Hat", Assessment #45, stated she felt her assessment of $2,750 was quite high. She stated the parking lot was messed up", and one of their driveways was taken out and put around on Maine, which made it necessary for them to change the parking on the one side. She reiterated she felt the assessment was too much- City Attorney Flandrick stated that Mr. Minamide. the Assessment Engineer for the project, was present to answer questions and discuss the protests. Continued) PURPOSE OF HEARING AFFIDAVITS OF PUBLICATION, MAILING & POSTING RECEIVED & FILED THREE WRITTEN PROTESTS RECEIVED TESTIMONY CAMILE HARRIS OWNER OF THE HAT" ASSESSMENT #45 BIB] 37659-U01 1972-U02 05-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9919-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06