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HomeMy WebLinkAbout1972 10 04 CC MIN1972 10 04 CC MIN(Ìì×?peINDEX OCTOBER 4, 1972 Page Councilman King Excused 1 Plaque Presented to Baldwin Park Civil Defense Amateur Radio Emergency Corps 1 Minutes September 20, 1972 Approved 1 Treasurer's Report 8/31/72 Received and Filed 1 Res. No. 72-126 Claims and Demands Adopted 1 Public Hearing Proposed City Charter 2 Testimony Gloria Zook, Eugene Vareta 2 Testimony Mr. James Gibs on 3 & 4 Testimony Mrs. Myrtle Asquith 5 Testimony Dorothy Mayes 6 Staff Instructed to Study Appropriate Election Time and Possiblity of Combining with School Election and Make a Recommendation 6 Public Hearing Proposed City Charter Continued to 10/18/72 6 Public Hearing 72-S-34. 35, 36, 37. 38, 39, 40 & 41 6 Testimony Eugene Varela, Mrs. Myrtle Asquith, Mr. William Sloper, Loren Macomber 7 Testimony Mr. Macomber, T. E. Carpenter 8 Discussion 9 72-S-34 Continued to 10/18/72 72-S-35, 36, 37. 38. 39. 40 & 41 Approved 10 Public Hearing 72-N-46 and 48 Dismissed 10 Res. No. 72-127 72-N-45) Adopted 10 Public Hearing Z-363; R-1 to R-3; Charles Berthel 10 Public Hearing Z-363 Continued to 10/18/72 11 Oral Communications Ralph Middleton 11 Oral Communications Myrtle Asquith, Mr. A. Steiner 12 & 13 Oral Comnuni cations Michael Dargus 14 Oral Communications Mrs. Dorothy Mayes. Mr. Dargus, Mrs. Amos Slater 15 Oral Communications Dorothy Mayes, Mr. T. E. Carpenter. Mr. Bill Smith, Emmit Waldo, Roy Zook 16 Ramona to be Marked for Parallel Parking 17 Letter from Mrs. J. Bartoto re Sewer Connection Fees 17 Temporary Use Permit for S.G.V. Hot Line March Approved 17 Claim Valley View Mutual Water Co. Denied and Referred to Insurance Carrier 18 Bid of Reynolds Buick Accepted for 2-1/2 Ton Dump Truck 18 Ordinance re Recreation and Park Commission Continued to 10/18/72 18 Joint Powers Agreement re Alcohol Analysis; Budget Amended 18 Mayor and City Clerk to Execute Joint Powers Agreement 19 Youth Commission Appointees to Recreation and Park Commission 19 Testimony Emmit Waldo, Clifford Stovat, Penny Waldo. Wendy Twitchelt 19 Testimony Jenny Waldo. Sylvia Sandoval, Mrs. Gloria Zook, Mr. Sam Sandoval. Emmit Waldo, Mr. Roy Zook 20 Report re San Gabriel Valley Speedway 20 Short Form Initiations Held 21 Councilman Gregory Appointed Alternate to League of California Cities Seminar 21 Ord. re Zoning Regulation Procedures Held for Clarifications 21 Adjourned 10:43 p.m. BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?peC005634 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. Ro11 Call: Present: COUNCILMEN GREGORY. HAMILTON, AND MAYOR BLEWETT; COUNCILMAN MC CARON ARRIVED AT 7:33 p.m. OCTOBER 4. 1972 7:30 P.M. FLAG SALUTE ROLL CALL COUNCILMAN KING Absent: Also Present: CITY MANAGER MOCALIS. CITY ATTORNEY FLANDRICK. DIRECTOR OF PUBLIC WORKS PERRY, ASSISTANT PLANNING DIRECTOR LENOROVITZ, FINANCE DIRECTOR DUNCAN. CHIEF OF POLICE ADAMS. CITY TREASURER CALE. CITY CLERK BALKUS Absent: PLANNING DIRECTOR GORDON 00- COUNCILMAN GREGORY MOVED THAT COUNCILMAN KING BE EXCUSED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN KING EXCUSED 00- Mayor Blewett presented a Plaque on behalf of the Citv to the Baldwin Park Civil Defense Amateur Radio Emergency Corps in recognition of outstanding public service. The Mayor stated that their activites included comnuni cations assistance after the Sytmar earthquake and building the Johnstone Peak control repeater station. The Plaque was accepted by William Carpenter, Comnuni cations Officer. PLAQUE PRESENTED BPCD AMATEUR RADIO EMERGENCY CORPS 00- COUNCILMAN HAMILTON MOVED THAT THE MINUTES OF SEPTEMBER 20. MINUTES OF 1972 BE APPROVED AND THAT FURTHER READING BE WAIVED. COUNCIL- SEPTEMBER 20. 1972 MAN GREGORY SECONDED. There were no objections. The motion APPROVED carried and was so ordered. 00- COUNCILMAN GREGORY MOVED THAT THE CITY TREASURER'S REPORT OF AUGUST 31. 1972 BE RECEIVED AND FILED- COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- TREASURER'S REPORT OF 8-31-72 RECEIVED AND FILED RESOLUTION NO. 72-126 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO- 72-126 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN GREGORY SECONDED- Roll call. There were no objections. The motion carried and was so ordered. 00- RES. NO- 72-126 CLAIMS & DEMANDS 5798-5876 PAYROLL PERIOD 9/1/72 9/15/72 RES- MO. 72-126 ADOPTED BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?peC005635 Regular Meeting of the Baldwin Park City Council City Clerk Balkus administered the Oath to those in the audience desiring to be heard during the meeting. October 4, 1972 Page 2 OATH 00- 7:30 p-m. having arrived, it was the time and place fixed for a public hearing on the Proposed City Charter, contin- ued from 8/4/71. 8/18/71. 9/15/71. 12/15/71. 6/21/72 and 9/20/72- City Manager Hocalis stated that the Charter Conmission appointed by Council had studied the charter and present- ed their reconrendations to the Council. The proposed charter before Council is in substantially the same form as it came from the Charter Commission. This was the second City Council draft. He stated that in view of the Commissions and the Councils studies and hear- ings, that if after the hearing this evening the Council wished to proceed, it would be appropriate to instruct the staff and select a date, probably next Spring, for a special election for adoption of the charter by the electorate of the city. Mayor Blewett asked for comments from the audience. Mrs. Gloria Zook, 4817 N. La Rica, stated that as a resident she felt the Charter is not for Baldwin Park. It gives the powers that be" in the city the right to impose almost any taxes upon the people. Residents are being taxed out of their homes and if this continues it wi11 be a city of empty houses and she stated she thought the Charter would help do this. Councilman McCaron explained that the purpose of the Charter was to put the city in a position to obtain tax money that the city is not able to receive at the present time. The Charter would give the City the same powers it presently has as a General Law City. However, under a Charter, because of state laws, it would give the city an opportunity to collect utility users taxes. City Attorney Flandrick explained that the section in th<e Charter on property tax provides th City Council shall have the authority to levy property taxes in the time, manner and amount as authorized by General Law. Mr- Eugene Vareta, 3802 Kenmore, stated he agreed with Mrs. Zook and that many older people cannot afford more taxing. He felt there should be more industry and business to alleviate the tax on the consumer, and that this should be pursued. He stated he had not read the Charter as he does not take the local paper; that he was forcibly retired and could not afford more taxes. Mrs. Zook stated that regarding taxes the city is not receiving Utility Tax, etc. that the Commission had studied seventeen different taxes that could be levied with a charter. She asked if this money was already being collected somewhere, possibly the County, and if the city was not receiving the same. Mayor Blewett explained that the object of the Charter was not to increase anyones taxes; that the people have the right to decide whether they want a Charter. He stated the Charter was very similar to General Law, however, when the State of California distributed Cigarette Tax had Baldwin Park been a Charter City the city would have received approximately $300.000.00 Continued) PUBLIC HEARING PROPOSED CITY CHARTER TESTIMONY GLORIA ZOOK EUGENE VARELA 3802 KENMORE BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?peC CG563G Regular Meeting of the Baldwin Park City Council Meeting October 4, 1972 Page 3 Mrs. Zook stated that evidently the Council then Mas remiss. Mr. James Gibson, 13268 Francisquito, asked why, if there 1s no advantage tax wise, the city was seeking a Charter. fR. JAMES GIBSON 13268 FRANCISQUITO City Manager ttocalis stated that city tax record should speak for itself as two years ago the city reduced the tax rate and since then the same level has been maintained. The main advantage to Baldwin Park, which is largely residential, under a charter would be the ability to levy a utility users tax- With a Charter SORB of the property tax could be shifted on to some of thp larop utility users Mr. Gibson asked how many large utility users there are in the City. He stated that if the rate were to be doubled or tripled on utii titles he felt sure it would not offset the property tax. Mr. Mocalis stated he did not have the figures with him as to the amount of money the city would have acquired from utility users tax since the time it was authorized by the state but that it would have a substantial inpact upon single family owners- The city council is trying to attract industry and just recently e^loyed a Director of Commercial and Industrial Development- The Council is attempting to have this city in a good position so that, when and if, we do get any industry and manufacturing the single family home owners will have an advantage. Mr. Gibson stated that any industry thinking of comng to the city would be discouraged if they learned this was a Charter city and that they could be taxed utility wise. Mr. Mocalis stated that actually a charter could facilitate moving big businesses in rather than discourage them. The cost to a new developer to cone in would be reduced as time for public hearings, etc., would be cut down. The Charter, drafted along the lines of the General Law City can be tailored to the needs of the Co—unity as to what they wish to do, but it has the added protection for the community that things can be accomplished which will benefit the comnunity. It does not expand the powers of the City Council but allows ore flexibitty in meet- ing problems, and property tax is the single largest problem the city has- The citizens have exactly the sa«e protection as General Law to elett or recall. Mr- Mocalis stated that although he was not a part of the drawing up of the Charter, he believed that it should be i^ilemted by the electorate of the city. It will give this City the flexibility to respond to changing problems as they come up. Right now the state legislature can mandate programs for a General Law City- They cannot do this for a charter city- The electorate are the only ones who can change the Charter and the cowicil cannot pass law in conflict feith the Charter- Mr. Gibson asked If the council's intent, tonight, was to decide if the Charter would go to a vote of the people- Continued) BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?peCCC563^ Regular Meeting of the Baldwin Park City Council Meeting October 4, 1972 Page 4 Mayor Blewett stated, Yes", that It was up to the people to decide. He stated he tended to think that the Charter would be good for the comnumty. One of the biggest problems In America and Baldwin Park tod^y Is fear" of Government. Baldwin Park has a tax rate of $14.35 and about W comes back to Baldwin Park. So the city Is not the one to fear. The State of California for 7 years has tried to bring about meaningful tax reform. The U.S. Congress recently passed a revenue sharing bill and Mayor Blewett stated he lost a nights steep because of Baldwin Park's share being cut. U.S. Congress perpetuated an evil system making the rich cities richer and the poor cities poorer. Through a Charter the Council is seeking to change that formula. Mr. Gibson commented that Council should keep this in mind when talking about CRA. Councilman Hamilton stated the Charter does give more home rule, that regarding utility cost in his small store his electric bill is 10 times higher than the one in his home, so naturally, taking markets and businesses you pick up a lot of revenue and percentage wjse It will be less to the home owner who needs the help. Fif- teen people studied and recommend the Charter and its up to the people if they want it or not. Councilman Hamilton hopes they do. Councilman McCaron, regarding the tax position, explained the Council is not specifically seeking to increase taxes, but is trying to preserve whatever taxes my be due the city if the occasion arises. About two years ago the state intended to place a tax on utilities and if they had placed the tax on utilities they would in turn redistribute the funds to the city, but the basis for distribution would be that the cities that already had a tax on utilities would receive the full amount that they placed on the utilities before the State enacted the law. The balance would go to General Law Cities. This would place Baldwin Park at a disadvantage. The tax would still be placed by the State but Baldwin Park wouldn't benefit by receiving its share- The Cigarette Tax made us aware of all these things. There is no sense in Baldwin Park paying tax and not receiving the benefit from it. That is the main purpose of having a Charter. The Charter is based on the same powers that the City has at present time; and if it doesn't specifi- cally state in the charter about any additional powers then the City does not get additional powers. There is nothing hidden. It has to be specifically stated or it does not exist. In any area of taxation or legislation; reference after reference Is made to General Law, which means that the powers. If passed by the people of Bald- win Park are the same as at present. Every other detail Is the same as at the present time. Mr Gibson, in reoards to Councilman Hamilton's payinq 10 times as much utility tax on his business as he does in his home, asked Isn't It conceivable that If a utility tax imnn<:pd a<; a rp-snH- nf Ww Fharl-or were Inposed on him as well as other businesses, and say the tax doubled. Isn't It reasonable to suppose that he would pass this on to the customer and the people ultimately are going to pay this tax. He stated It Is reasonable to believe that that either Continued) BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?peC005638 Regular Meeting of the Baldwin Park City Council Fleeting October 4, 1972 Page 5 Councilman Hamilton is making an exhorbitant profit now or he would not be able to afford the new tax. Councilman Hamilton stated he did not think any city had over a 5X utility tax rate and most businesses could ab- sorb 5X as they have In other cities. Business can absorb better than some of the homeowners, especially those on pension. City Manager Mocalls stated that It Is true that manufacturer costs are passed on to the consuner. However, the point Is that If you own a home and your city Is dependent upon a property tax on your single family home to support the city, you will have a choice as a property owner of whether or not you want to pay that tax. You must pay...you own a home, you have to pay that tax. But If you are a consumer you have a choice of whether or not you want to buy a tire or not, or buy It some where else. So It is up to the businessman to conduct business in such a way that people will want to continue shopping. But in cities that have a utility tax It has not decreased their business, in fact in cities like Pasadena, the merchants have voluntarily entered Into a district where they have upped the cost of business licenses by 4 times so the funds can be used by the community to revitalize the commercial area. That is self taxation by the merchants. This has not hurt their business. Mrs. ftyrtle Asquith. 13138 E. Judith Avenue, asked if it MRS. MYRTLE ASQUITH was true that if we become a Charter City the Council win 13138 E. JUDITH AVENUE be able to pass laws and make decisions without public hearings? City Attorney Flandrick stated, No. that is not true." Either a Charter City or a General Law City must observe due process of law and we will have as many public hearings as we have now. Mrs. Asquith stated that a resolution submitted by the Improve- ment Association about tax reapportionment was read just before the election and that reapportionment had not been mentioned since that time. Mayor Blewett stated the council is proceeding and there are several law suits now pending in the State. There will be a law suit filed on behalf of four cities and we are gathering cities to support us, this is costly. He stated there is no way of getting the reapportionment bill passed as we do not have the power or the. money on our side. All the cities that responded to us are small. Our political power in the state is not as oreat. as Los Angeles, Pomona, Pasadena or El Monte and this is a problem. The one way to seek a just, fair and equitable solution to tax problem is through Court solution, which is stow. All Councilmen are tax payers and they don't like their taxes to go up. It hurts them too. He recommended that the City proceed. The last time Baldwin Park had publicity was when the City of El Monte became incensed over the Cigarette Tax and sent a letter statewide and that is when we received support. But they also gathered the support of big cities. The State Supreme Court in the Serrano vs. Priest decision ruled that the property tax as it is now distributed Is an unfair tax for local education because of districts like Baldwin Park and they cited Beverly Hills. The same principal holds true for sales tax. It's a matter of getting it into court, getting the right legal firai, Continued) BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?peCCG5633 Regular Meeting of the Baldwin Park City Council Meeting October Page 6 which is costly; but the chances of getting the money are good through due process of law. Regarding the U.S. Congress Revenue Sharing Bin. he stated, there Is no fair solution for small cities In the legislative bodies of this country as they are controlled by money and that Is a fact of life and unfair to Baldwin Park. The City has to fight In court. City Attorney Flandrick stated that on the School District case referred to, no decision has been made and It Is still pending In the Superior Court of Marin County. Mrs. Dorothy Mayes. 3453 N. Big Da Hon. stated she knew nothing about the Charter, but she did not see why Baldwin Park is in trouble re taxes and she feels this should have been a good year to reduce taxes as this side of Garvey the tax has doubted. Mayor Blewett stated that this year our rate did not increase and the assessment was almost Identical to what it was last year. The year the assessment did Increase, Baldwin Park decreased it's rate 15<. Councilman McCaron explained that the people would have an advantage with a Charter. When the City is governed by State Law and if there is something the people of Baldwin Park do not like as far as State Law requirements are concerned, they can't do a thing about it. But, if they have a Charter City they can make the changes as far as the Charter allows. Discussion followed regarding the election date and combining with school election. Mr. Mocalis suggested that Council Instruct the staff to study an appropriate election time and also investigate the good and bad points about combining with the school election and come back to Council and make a recommendation as to the time of the proposed special election. COUNCILMAN HAMILTON MOTIONED THAT COUNCIL INSTRUCT THE STAFF TO STUDY AN APPROPRIATE ELECTION TIME AND ALSO INVESTIGATE THE GOOD AND BAD POINTS ABOUT COMBINING WITH THE SCHOOL ELECT- ION AND COME BACK TO COUNCIL AND MAKE A RECOMMENDATION AS TO THE TIME OF THE PROPOSED SPECIAL ELECTION. Councilman McCaron requested that the hearing remain open. Mayor Blewett stated that the hearing will be continued to the next regular meeting. COUNCILMAN MCCARON SECONDED THE MOTION. Roll Call. There were no objections. The motion carried and was so ordered. 00- It was the time and place set for a public hearing to hpar any protests in regard o ordering work on Short Forms Case Nos. 72-S-34. north side of Illinois Street between Kermore Avenue and Idaho Street for curb. gutter and drive approach; 72-S-35, north side of Illinois Street between Idaho Street and Merced Avenue for curb, gutter and drive approach, 72-S-36 east side of Kerwore Avenue between Ramona Boulevard and Ill- inois Street for curb, gutter and drive approach; 72-S-37. east side of Kenmore Avenue between Frazier Street and Illinois Street for curb, gutter and drive approach; 72-S-38, southwest side of Bess Avenue between Dalewood Street and Leorlta Street for sidewalk and drive approach; 72-S-39, south side of Arrow Highway between Lante Street and Calmvlew Avenue for curb and Continued) 4, 1972 DOROTHY MA> 3453 N. Bit DALTON AVEI STAFF INSTRUCT- ED STUDY APPROP ELECTION TIME RECOMMEND TIME MOTION CARR1 PUBLIC HEARING 72-S-34 CG&DA) 72-S-35 CG&DA) 72-S-36 72-S-37 CG&OA) CG&DA) 72-S-38 S&DA) 72-S-39 C&G) 72-S-40 C&G) 72-S-41 C&G) BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?peRegular Meeting of the Baldwin Park City Council Meeting 00056^0 October 4. 1972 Page 7 gutter; 72-S-40. south side of Arrow Highway between Eiton Street and Gayhurst Street for curb' and gutter, 72-S-41; south side of Arrow Highway between Heintz Street and Bleecker Street for curb and gutter. Proper postings and mailings had been accouDlishpd. There were no written protests. Mr. Eugene Varela. 3802 Kemore, stated he had recently put in a curb on his own initiative and that he has a blacktop driveway and cannot see the reason for a con- crete driveway. He is forcibly retired and had saved to put in the curb but could not afford a driveway now as he wanted to put in fill dirt and a new lawn by the curb and fix his garage so he could do odd jobs. Also, a concrete driveway would require changing the front of the garage which would involve more expense. Mr. Perry explained that on assessment districts, concrete drives were being installed throughout the city. If the owner does not wish to pay for improvements after they are put in by the city then the costs will be forwarded to the county to be put on the 73-74 tax bill to be paid in two installments a year from now. Mr. Varela stated they wished to pay cash and no interest as he is on Social Security and cannot afford it. He might be able to save $154.00 in sixty days, but it would be a hardship as they have house oavments. Councilman McCaron stated he felt the driveway should be optional and at such time as sidewalks are installed the driveway can be required. Mr. Varela stated the city had put in the blacktop driveway when the curb was put in and he could not see why it should be torn out. Mr. Perry stated that blacktop is a temporary measure until such time as concrete is installed. Mrs. Myrtle Asquith stated that two or three years ago the City changed the curb on Judith Street and a concrete drive- way was not put in. Mr- Varela stated a neighbor had paid for gutter four years ago and it had never been installed. Mayor Blewett stated the neighbor should have told the Council and Mr. Perry stated he would check this out. Mr. William Sloper, 3751 Puente Ave.. stated the City had approached him, they dedicated 10 feet frontage and in- stalled curbs and they were told at that time that concrete driveways would be replaced with concrete and blacktop with blacktop- Councilman Gregory stated Los Angeles Street was handled in the same manner. Mr. Loren Macomber, 3720 Kenmore 72-S-37) stated he was not against the improvement but he objected to the method by which people were notified; also taxes are due next month and he will not have the finances. He also asked if Continued) POSTINGS & MAILINGS NO WRITTEN PROTESTS TESTIMONY EUGENE VARELA MRS. MYRTLE ASOIIITH WILLIAM SLOPER LOREN MACOMBER BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×? peRegular Meeting of the Baldwin Park City Council October 4. 1972 C00f-(m pa9e 8 there Mould be interest added to the payment. Mayor Blewett explained the city's policy was to curb and gutter the entire city, with which all council agreed. However, there was a difference of opinion on Council as to where sidewalks should go. City Attorney Flandrick explained that the mailings and postings were in the language required by state law and that notice must be given in that form. As there was no one else in the audience desiring to speak PUBLIC HEARING either in behalf of or in opposition to 72-S-34. 35, 36. 37, DECLARED CLOSED 38, 39, 40 and 41, Mayor Blewett declared the public hearing 72-5-34,35,36,37 closed. 38,39,40 & 41. Mayor Blewett questioned whether concrete driveways were necessary. He also asked the cost of the average driveway. Mr. Perry stated that asphalt is temporary and that a survey had been made of 20 to 22 cities in Los Angeles County in the valley and they a11 put in concrete driveways, that the cost for concrete is not much more; that the temporary asphalt was put in at no cost to the owner as part of the assessment cost to the owner and that the permanency of concrete off- sets the cost. The cost is $95.00 to $100.00 for a concrete driveway 12 feet by 7 to 10 feet wide. As no one had left the Council Chambers Mayor Blewett re- PUBLIC HEARING opened the public hearing. REOPENED Mr. Macomber, referring to his notice of hearing requested MR. MACOHBER an explanation of the $50.00 adminstrative cost if the RE: ADM. COST assessment was not paid for within 60 days, Mr. Perry explained that this referred to an adnistrative cost if the work was not paid for within 60 days after the work was done. The $50.00 is to recoup some of the cost incurred by the city for the engineering work done in connect- ion with the assessment district* If the assessment is paid for prior to the 60 days there is no charge levied and there is no interest. Councilman McCaron further explained that this amount covered some of the city cost for mailing and posting of the notice of hearing. Mr. Perry stated the adnlnistrative cost goes into a special fund to partially cover the city's cost of the curb and gutter program; that for every $1.00 spent on an assessment district the city picks up 60( of the total cost for paving, tree removal and curb returns. If the assessment is paid within 5 days after the hearing there is no achiin- i strati ve cost. Mayor Blewett stated that the city does not make a profit on curb and gutter and that the city installs the paveout from the existing street to the new curb and gutter; and that included in the cost was tree raovat, etc. Councilman Hawilton stated that if the improvement cost is paid in advance or prior to the 60 days there is no $50-00 adaini strati ve cost. Mr. Varela stated he knew It was cheaper to put in the improvenents all at one time but he could not afford it, and if he had the money he would also put in the sidewalk. He said their driveway, five feet or less, would serve as the sidewalk too. He requested that the blacktop be left for the time being. Mr. T-E. Carpenter, 4346 Jerry Ave-, stated that if the T-E- CARPENTER Continued) BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×? peC 00564^ Regular Meeting of the Baldwin Park City Council October 4. 1972 Page 9 City is paying for the temporary asphalt, he as a tax- payer objects, as it is an unnecessary expense and should be discontinued. If the asphalt is adequate it should re- Rain and the owner should be charged accordingly. Mr. Perry explained that the asphalt put in the driveways is a temporary Measure and the asphalt is paid for by the city frc Money the city has accuwiated fm adinistrative charges. Mayor BleMett again declared the public hearing closed. PUBLIC HEARING CLOSED CouncilBan McCaron suggested that the city adopt a policy for oimers who have asphalt and object to the concrete driveway, that the asphalt roain until such ti«e as sidewalks are required. Mr- Perry stated that the present policy is all concrete driveways and elorinating the teMporary asphalt driveways. If an owner has the option of one or the other then he should bear the cost of the asphalt driveway. This would ake the snail difference in the cost asphalt vs. concrete) obvious. Councilnan McCaron asked whether the driveway is only replaced when there is an asphalt driveway in and it is torn up to put in curb and gutter. Mr. Perry explained that in a situation where there is no existing curb and gutter then curb, gutter and drive approach is required. In areas where Tproveaents are scattered, curb and gutter is put in and temporary asphalt driveways, and then the asphalt is replaced with concrete. Then the block is unifom with respect to curb, gutter and drive approach. Councilnan McCaron stated it could be optional as long as sidewalk is not required. If there is asphalt, the city should replace with asphalt. If it is dirt and the street is co-pteted then sidewalks will be required. The sidewalks are necessary so people will not be walking In the streets. fr. Perry stated the drive approach can be designed so there Is no conflict with sidewalks in the future. If there Is a choice of asphalt or concrete the cost of either one should be reflected in the assessment. CouncilBan McCaron said he did Bean a choice. He eant that if the driveway Is torn up that it be replaced, but only the part that is torn up to put In the curb and not the entire driveway. Scaetiaes the contour has to be changed when curbs are put in. He had seen Instances where the driveway was left as it was with just the tie In and It was aiwst In- possible to get into the driveway and the owner then improved the driveway. Mr. Perry stated that was a problem, as It Is seldr that you would put in curb and gutter and not have to take out the asphalt driveway that was In because the grade of the street is changed necessitating going back to the properly line for the transition. Nhen the asphalt Is taken out It Is dirt or replaced with see permanent type of paving. CouncilBan McCaron asked for a consensus of opinion as he is ready to ake a otion. Mayor Blewett stated he was not ready to ake this a general policy, but that this individual case could be considered. Continued) BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×? peCC05643 Regular Meeting of the Baldwin Park City Council October 4. 1972 Page 10 Councilman Hamilton stated that installation of improve- ments piecemeal would cost both the property owner and the city more money and that improvements should be done right or delayed. City Attorney Flandrick suggested that 72-S-34 be taken under submission and that Mr. Perry give Council a written report establishing a policy. COUNCILMAN MCCARON MOVED THAT DISTRICTS 72-S-35 THROUGH 41 BE APPROVED AND THAT 72-S-34 BE CONTINUED AND THAT THE DIRECTOR OF PUBLIC WORKS MAKE A WRITTEN REPORT. COUNCILMAN HAMILTON SECONDED. Roll Call. There were no objections. The motion carried and was so ordered. 00- Mr. Perry stated that Public Nuisance cases 72-N-46 81 48 had been dismissed. 00- It was the time and place fixed for a public hearing on 72-N-45 to determine whether certain premises and structures constitute a public nuisance at 15204 Arrow Highway and the first lot east of 15204 Arrow Highway. Proper postings and mailings had been accomplished There were no written protests. Mr. Perry stated that the property owner, Mr. Roller had tentatively agreed to do the work required under the public nuisance requirements. As there was no one in the audience desiring to speak either in behalf of or in opposition to 72-N-45, Mayor Blewett declared the public hearing closed. RESOLUTION NO. 72-127 FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 72-N-45) Mr. Perry stated that under Section 2 a time limit of 60" days should be established. COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 72-127 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 Z-363, an appeal from the decision of the Planning Co—ission on an application for a Zone Change from R-1 single family residential) Zone to R-3 multiple fanily residential) Zone on property located at 4600 N. Jerry Avenue, Applicant: Charles Berthel. 72-S-35 THRU 41 APPROVED 72-S-34 AND REPORT CONT'D TO 10/18/72 PUBLIC NUISANCE 72-N-46 & 48 DISMISSED PUBLIC HEARING PUBLIC NUISANCE 72-N-45 POSTINGS & MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING CLOSED RES. NO. 72-127 ORDERING ABATEMENT SECTION 2 6011 DAYS TO ABATE RES. NO. 72-127 ADOPTED PUBLIC HEARING Z-363. R-1 TO R-3 4600 N. JERRY APPLICANT: BERTHEL Proper publication, postings and Railings had been accomplish- PUBLICATION, POSTINGS ed. INGS ft MAILINGS Assistant Planning Director Lenorovitz stated that the Planning Comnssion had denied the zone change because It was In conflict with the general plan, that It was spot zoning, that the city has over-zoning on R-3 and that Continued) PLANNING COMMISSION DENIED. BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×? 1972 10 04 CC MIN(Ìì×? peC005645 Regular Meeting cf the Baldwin Park City Council Meeting Mrs. Myrtle Asquith, 13138 E. Judith, stated that at the last Council meeting she had brought up a newspaper item regarding a senior citizen, Mrs. Stoskus, whose property was foreclosed on. She commented that Councilman McCaron had challenged the fact that it was not the Council who had foreclosed on the property but it was the bonding company. Mrs. Asquith stated that it was the council that had negotiated and sold the prop- erty and she did not think this was the way for Council to appease their conscience. She stated she is a senior citizen and tries to help senior citizens; that senior citizens were trying to make the Council understand that they do not have the money to make improvements- She asked that Council con- sider the senior citizens and their needs. Councilman McCaron stated that the lady was erroneous and that he had requested a report on what had taken-place; that some of the publicity was erroneous. He stated the report from the City Attorney was not complete and also that he. personally, did not even know that foreclosures had been made on theproperty until he had received the report- He stated that Mrs. Stoskus contended that she derived a $550.00 land value increase against the assessment of $8,413.00, and this does not make good sense. City Attorney Flandrick explained that no evaluation, as such was made in the judicial proceeding, because that was not an issue of the matter. What the appraisers testimony amounted to the city's appraiser as she did not use any appraiser, as such) was that the property in its after condition, with the street in, was subject to a division, if she were so inclined, into five lots. He estimated the value per lot at $5,000.00. So that was $25.000. He ex- plained that Mrs. Stoskus accepted the city's evaluation for the property actually taken for the street which was approximately $1,580.00. Her argunent related to the question of, was there severance damage to the remainder of her property by reason of the construction of that street. Her point was simply that the property had not benefited. The city appraiser testified that it was a substantial r direct benefit if the property were to be developed in the future. No expressive valuation was made by the court as to the valuation- Councilman McCaron stated that the assessment was $8,400.00 but no reference is made to the fact that she received $1,580,00 nor to the fact that there is considerable property which can be subdivided into five lots. He explained that this assessment district was requested by the people in the area with a petition signed by 63% of the property owners, and then the Council held hearings. He stated that in the newspaper item the truth was distorted to make it sensational. Then it was news and everybody paid attention to it and the Council was blamed for what had happened. He stated no action was taken with malice and that he wished to set the record straight. Mrs. Asquith stated she would check the records further. Mr. A. Steiner. Modern Appliance Service, 14322 Ramona Blvd., requested that parking be allowed on the north and south street sides of Ramona as ingress and egress was difficult in the street parking area. Mr. Steiner stated he also had a complaint regarding the ordinance prohibiting all night parking without a pewit- He understood the police dcpcrt- rent was to warn people and then If they continued parking overnight they would be cited. He stated they were not warned and that they were parked in the parking area In front of thestores and that the truck was Identified with October 4. 1972 Page 12 MYRTLE ASQUITti MS. A- STEINFR BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?peCG0564(i Regular Meeting of the Baldwin Park City Council Meeting October 4. 1972 Page 13 the store name. They have been parking there a year as there are street lights. When they parked in the back. trucks were broken into. They went to the police depart- ment and were told they did not have warning notices and that this ordinance had been well. publicized in the Tribune which they do not subscribe to. Mayor Blewett stated that Mr. Perry would be present- ing a Ramona Street parking report at the next meeting. Secondly, he understood, that trucks of any type were not allowed to park on the streets, and that the parking area in front of the stores is considered a street. He asked if permits were allowed for trucks for all- night street parking. City Manager Mocalis explained that permits for all vehicles were issued if they qualify for a permit. When the ordinance first went into effect-the police department did not have warning citations, however, they did have a warning information sheet informing people who were parking all night that an application could be made for a permit and the procedure. This type of warning was only used until the ordinance became effective on September 15th- Mr. Steiner's citation was issued October 3, 1972, and up until September 15 warning citations were issued and after that date citations were issued. The city cooperated as fully as possible prior to this time so people could be forewarned and come in and apply tor a permit. For people who have applied, and have not yet received permits, a file is maintained so they will not receive tickets until the field investigation is completed and a permit is either issued or denied. As Mr. Steiner's citation was issued after the ordinance be- came effective there is no provision for a warning- Mr- Mocalis stated the ordinance was adopted and implemented as a result of citizens complaints regarding cars and trucks parking all night on city streets. He stated that burglaries in a11 areas require a vehicle in which to place stolen Merchandise so the cowercial area and all areas mil be better protected by the ordinance. j Councilman HaRiltm stated that since Mr. Steiner had never received a warning notice, has parked his truck there ever since the parking area was finished, and was not aware of the ordinance that he had a legitimate con- plaint. Mr- Steiner does not have roc to park three vehicles in the back of the store and has been burglar- ized twice and has a need for a penrit- He stated he did question the citation. Hr. Mocalis asked Mr. Steiner if he had applied for a pewit prior to receiving the citation. Mr. Steiner stated that he had not and was not aware of the ordiance. Mr. Hocalis explained that the ordinance had received ex- tensive coverage in the press* that there had been prtlic hearings and ich discussion throughout the co—mity; that it had been publicized in the Charter of Co—erce Bulletin and discussed by all Service Cidbs. Mr. Steiner stated he was not a Mrter of the Charter of Co—erce and did not read the Tribune. He asked if it had been publicized in the Herat d-Eminer. ayor Blewett stcted that the ordinance had also been covered in the Treasure Chest and the Los Angeles Tiaes. but he had not seen anything in the Examiner. Continued) BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?pe1CC564/' Regular Meeting of the Baldwin Park City Council October 4. 1972 Page 14 City Manager Mocalis stated that obviously enforce- ment was a problem to the Police Department as anyone receiving their initial citation could say they never knew about the law. Mi. Steiner stated he was not questioning the law, but the method in which the information was conveyed to him when he esked for information and was told that, it was in the Tribune". Mr. Mocali's stated that he apologized if any of the staff was rude or discourteous, but that he sincerely be- lieved that every effort had been made to inform the people and th&t it is the responsibility of citizens to be aware of local laws Mr. Steiner stated that he had not seen signs posted and that someone from out of town parking overnight could receive a citation. Mr. Mocalis stated permits were available for guests parking alt night and that he would think that th host would te11 his guest or call the police department and request a permit for the guest. Mayor Blewettt stated it would be helpful if the staff enforcing the ordiance were better informed. Mr. Mocalis explained that at the last council meeting it had been pointed out that this was a new ordinance and that problems would arise which hopefully would be resolved satisfactorly and that the ordinance would accomplish the purpose for which it was enacted to make a safer city and to have cleaner city streets. Mayor Blewett stated the all night parking report for Ramona Boulevard would be presented at the next meetinq and he suggested that Mr. Steiner go to the Police Department and apply for a permit. Mr. T. E. Carpenter, 4346 Jerry Avenue, stated he thought it should be clarified that trucks cannot park on resi- dential streets as he would object to this. Mr. Mocalis stated that if there was a provision in the vehicle code or other laws against overweight trucks then the city ordinance would not pre empt these laws. The traffic committee will consider all aspects before approving an application. Mayor Blewett explained that it was a zoning violation to park a large truck in a residential area and he doubted that the traffic committee would approve a permit for large trucks to park in a residential zone. He said that the discussion regarding trucks this evening pertained to delivery trucks or trucks used in the downtown business district. 00- Mr. Michael V. Dargus, 13260 E. Franclsquito. stated MICHAEL DARGUS that two months ago he had requested that the Mayor TESTIMONY request a study of the feasibility of the Police personnel having name tags on their uniforms. Mayor Blewett apologized and stated he had not followed through on this request and he asked that the City Manager investigate and report on this item at the next meeting. Continued) BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?peCC65648 Regular Meeting of the Baldwin Park City Council October 4. 1^72 Page 15 Mr. Dargus stated that a month ago he came into the office and complained about the Southern Pacific Freight Depot. He stated that in 1965 they were issued a conditional use permit for a freight depot and storage, and one of the conditions was that all the material would be under cover- He stated all this storage of spikes, plates, rails, ties, and asDhalt was unsiahtiv in the downtown area. He suggested that something be done about this nuisance. Mayor Blewett asked that the Planning Department investigte and make a report at the next Council meeting. 00- Mrs. Dorothy Mayes. 3453 N. Big Dalton, stated that she felt there had never been a satisfactory answer regarding the action of the Planning Comnission on the Zone Variance, and she agreed with Mr. Middleton on the transcription and on the manner in which the vote was taken. She stated that this instance had lessened her trust and confidence in the City Government- City Attorney Flandrick stated that the motion as initially made, with six members of the Comnission present, three voting in favor and three voting against, did not carry. Therefore, the matter remained before the commission to be resolved either that night or at the next meeting. In the interim there were resignations from the Commission and they were replaced. At the next meeting of the Commission the matter was again taken up on a new motion and that motion was to grant the variance subject to certain conditions, and that motion carried by a majority of a quorum voting on it. Under Roberts Rules of Order, or any other printed rules governing deliberative bodies, when a motion receives a tie vote it is. in effect, a dead motion. It has nothing to do with the merits of the zone variance. It neither grants nor denies the variance- It merely indicates that motion is dead unfit a new motion is made, either the same motion repeated or a contrary motion. No action is taken on that matter. It is under submission before that body- He stated it was unfortunate that the case had not been appealed to the Council for a hearing and a decision. Mr. Dargus asked why the Attorney had said that Mr. Wittig would vote on the motion. He did not explain that it was a dead issue. City Attorney Flahdrick stated that Mr. Leiberman's advice to the comnission, whether understood or not, was to the effect that when you have a tie vote the motion is dead. The motion does not continue its life. It is over and done with. This was not a verbatim record. Verbatim is every word that is said,and there are ommissions in all of the statements. He stated he was sorry that there was a misunderstanding of what was said. There have been tie votes previously and the same rule has been applied. Any action taken has been taken by a seperate, ne^ty made motion. Mrs- Amos Slater, 4814 Stancroft Street, read the transcript which Mr. Middleton had presented to the Council regarding the action of the Planning Commission on the Zone Variance. She stated that according to the transcript, regardless of who was sitting on the commission at the next meeting, the man was to cast his vote after he heard the tape and then vote- She asked why the transcript said, verbatim" if it was not. BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?pece^se^ Regular Meeting of the Baldwin Park City Council October 4. 1972 Page 16 City Attorney Flandrick explained that a verbatim trans- cript Is what you get when a court reporter, who Is certified and qualified to make such a statement, makes that statement. This transcript is not verbatim in that respect. The reason for the commentary listen to the tape" is to make sure that any of the evidence presented that night, that the commissioner that was absent, was fully familiar with it. It had nothing to do with his casting a vote. He would not be in a position to knowledgeably decide that case unfit he heard all the evidence, and it had nothing to do with whether the same motion was before the comnission or not, Roberts Rules of Order, Masons Rules of Order, etc. say the same thing- A tie vote means that motion is dead". It is terminated at that point. Any action taken with regard to the subject matter of that motion must be the subject of the new motion. Mrs. Mayes, stated that at the next meeting after the tie vote the agenda stated that the hearing was open and at the meeting it was stated that the public hear- ing was closed and there was no testimony. Mr. Howard was asked if he would accept the vote of the five people. She asked why the hearing was dosed. Mayor Blewett stated he was not present at the Planning Comnission Meeting and did not know. Councilman Hamilton stated that this was a dead issue and that no change could be made. The case was not appealed to Council and they made no decision. This was handled by the Planning Commission. He suggested that the dis- cussion on this item be dropped and that Council proceed with the agenda. Mr. T. E. Carpenter, 4346 Jerry Avenue, stated he wished to voice his disappointment as he had objected to this variance at the Planning Commission hearings. i Councilman Hamilton requested that further dicussion on this item be dropped. 00- Mr. Bill Smith, 1805 Alisar, Monterey Park. Manager of the Crocker Bank. stated there was need for additional parallel street parking on Ramona. When people park in the parking area they now have to make a right turn and if allowed to parallel park on Ramona they can go across Maine Street east or make a left turn and go north on Maine. He stated the additional parking is needed, and the original plans indicated that there would be parallel parking on Ramona. He felt that this additional parking could be made available at this time. Mr. Emmit Waldo, 4170 Sharons Way, President of the Chamber of Comnerce stated that about a year and a half aqo, Mr. French showed plans for parking along the center of the street. He indicated that in about six months there would be parking there and they all understood that the parking would be available. Mr. Roy Zook, 4817 N. La Rica, stated that about a year Continued) DOROTHY MAYES EMIT WALDO ROY ZOOK BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?peCWGoO Regular Meeting of the Baldwin Park City Council October 4, 1972 Page 17 Modem Appliance was having trouble and he had thought the problem was solved. He felt the nan should not have received a ticket as he has a business there and the city is small enough that the officer could have told the man. He stated a similar instance happened at Olive and Maine where the Merchants lost about eight or nine parking spaces. He stated there should have been More information and the businesses should be nade aware of problems and what is proposed. He also stated that he has trouble getting through the signal light on Ramona at Maine. Mayor Blewett explained that the Council tries to Make decisions to help the entire community and decisions hurt same and help others. There was a traffic problem at Olive Square and to put in a left hand turn lane the curb had to be painted red. COUNCILMAN HAMILTON MOVED THAT THE STREET DEPARTMENT BE INSTRUCTED TO PROCEED WITH MARKING THE STREET SIDES OF RAMONA BOULEVARD FOR PARALLEL PARKING AS PREVIOUSLY PLANNED. COUNCILMAN MC CARON SECONDED. There were no objections. The Motion carried and was so ordered. Councilman Haiti ton asked how many accidents had occurred since the new street design at Ramona and Maine. Chief of Police Adams stated to his knowledae, none. 00- City Attorney Flandnck stated that the Council had before then a letter from Mrs. J. Bartolo. 13725 Ramona Boulevard in which she requested reconsideration of the city fee for a sewer connection permit. Mr. Flandrick explained that this property was not included in assessment district 62-A-1 so the Bartolo property was never assessed based on the formula of no benefit, no assessment. The reason being that sewers were available on Ramona Boulevard. Wye's or laterals were only installed for Assessment District 62-A-1 off of Ramona Boulevard if the owner so requested. All owners were notified by mail at the time of construction that the wye's were available, but no request was made for this property. In this instance the standard sewer connection charges as set forth in Resolution No. 66-205 were asked for. This charge is cc—ensurate to that paid by their neighbors. 00- City Clerk Balkus presented a request for a Temporary Use Permit for the San Gabriel Valley Hot Line for a March or Walk to be held on October 28. 1972. They will walk through the city and the valley and emergency stops will be available along the planned route. COUNCILMAN GREGORY MOVED THAT THE TEMPORARY USE PERMIT FOR THE SAN GABRIEL VALLEY HOT LINE MARCH BE APPROVED AMD THAT FEES BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. MOTION THAT MARKING RAMONA STREET FOR PARKING BE IMPLEMENTED. NO ACCIDENTS AT RAMONA ft MAINE BARTOLO LETTER RE SEWER CONNECTION FEES T.U-P. S.G.V. HOT LINE MARCH T.U.P. APPROVED FEES WAIVED 00- BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?peCC05651 Regular Meeting of the Baldwin Park City Council City Clerk Balkus presented a claw fnr the Valley VICM Mutual Mater CoMpany for damges to eters on Center Street. COUNCILMAN GREGORY MOVED THAT THE CLAIM BE DENIED AND REFERRED TO THE INSURANCE CARRIER. COUNCILMAN HAMILTON SECONDED. There Mere no objections. The ot1on carried and Mas so ordered. 00- City Manager Mocalls stated that five bids Mere received for a 2h ton dunp truck. The IOM bid Mas sdxritted by Reynolds Buick. Mest Covlna In the Mount of $7,402.41 The original budget request Mas established at $6,500.00. for a 1972 Model. This bids Mas for a 1973 Model. He recowded that the IOM bid fnr Reynolds Buick, In the wount of $7,402.41 be accepted, and the budget be Blended to Increase Street Section Capital Account No. 5410.74 frc $6,500.00 to $7,402.41, and the Engineering Division Salary Account No. 5200.11 be reduced fnr $167,577.00 to $166,674.59. COUNCILMAN HAMILTON MOVED THAT THE BUDGET BE AMENDED TO REFLECT THE CHANGE. COUNCILMAN GREGORY SECONDED. Roll call. There Mere no objections. The ot1on carried and Mas so ordered. COUNCILMAN MC CARON MOVED THAT THE BID FROM REYNOLDS BUICK, NEST COVINA, IN THE AMOUNT OF $7,402.41 BE ACCEPTED. COUNCILMAN HAMILTON SECONDED. There Mere no objections. The ot1on carried and Mas so ordered. 00- Cify Manager Mocalls presented the proposed ordinance regarding the Recreation and Parks Ccrisslon. October 4. 1972 Page 18 CLAIM VALLEY VIEU MUTUAL MATER CO. CLAIM DENIED AND REFERRED TO INSURANCE CARRIER BIDS TRUCK 2^ TON DUMP BUDGET AMENDED BID AWARDED TO REYNOLDS BUICK WEST COVINA ORDINANCE RE REC. AND PARKS OMISSION Mayor BleMett directed that this ltd be held over HELD OVER TO until the next Meeting Mhen all Council Mould be present. 10/18/72 00- City Manager Mocalls explained that the City has a Joint Powers Agreement Mith 6 other cities for blood alcohol laboratory analysis. The agreaent Mas put Into effect September 1, 1971 and a new agreaent should be executed. The City by Means of this agreement has to ake a payent of $1,380.00 to the lab for the Mork they do during the year. The Mork consists of analyzing blood. Without the lab blood samples ust be taken to the County Mhlch requires ore tlHe and court cases can be lost for lack of the report. Also, an officer has to ake IMO trips Into the county to deliver and pick up the blood samples and the report. The Joint PoMers Agreement has Morked very satisfactorily for the cities Mho have been Involved. The Police Departaent did not budget for this ount of Boney. The Finance Officer and the Chief of Police Bade a stu4y of the Police Department budget to ascertain the expected savings at this tine in Police Departaent and they have approxiBately $20,000.00 In the salaries account. He itU—uiul that the agreement be executed for a period of one year and authorize a transfer of $1,380.00 fro the salary account of the Police Departaent for the purpose of aking the JOINT POMERS AMT. ALCOHOL ANALYSIS COUNCILJM MC REFLECT THE d call. There M» MBS so ordered. MOVED THAT THE BUDGET BE MENDED TO COUNCILMAN GREGORY SECONDED, toll objections. The otion Continued) BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?peRegular Meeting of the Baldwin Park City Council COJMCILmN GREGORY MOVED THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE JOINT PUERS AGREEKMr. There Mere no objections. The otion carried and Mas so ordered. 00- C 0565^ October 4, 1972 Page 19 MAYOR AM CITY CLERK AUTHORIZED TO EXECUTE JOINT POMERS AfiMT. Mayor BleMett Invited the high school students In the audience. Mho wished to speak about the Recreation and Parks Crissfon Youth Appointees, to cow forMard and address the Council. YWrti OMISSION APPOINT- EES- Mr. Bit Waldo stated he thought It Mas a fine Idea that the council Mas considering appointing two students, one froR each high school, to the CoTission. He favored the students electing their representatives as before EMIT WALDO any years the young people N111 be concerned with city, state and country goverment and this was a wonderful opportunity for then to conduct a campaign. After the students elect their representatives the city council could then appoint then. Kayor BleMett agreed but stated that he had reservations: that he had suggested this change In the ordinance as he felt It was good for the city. He believed that It Is an alternative to the ffayor Youth Co—ission which was dis- carded as full youth m—issiont tended to lose their ob- jectives. The Recreation and Parks o—ission Is a con- tinuing bo<(y and elective student appointees could create probloRS as vacancies occur and special student elections would be necessary and new appolntoents Bade by the council. Mayor bleuett stated he felt the selection should be ade by the schools. Mr. Waldo stated that the school election process would not take long. Mayor Blewett stated he did not think the schools would like this Method of selection. He asked for o—ents fro the audience. Clifford Stovall, 13749 Bellbrook, student of Baldwin Park CLIFFORD STOVALL High School stated that he had talked to the Vice Principal and had also gone fm class to class ak1ng speeches asking students to attend the council Meeting and express their desire to select their representatives by the democratic process of voting. He stated the Vice Principal had no objections. Penny Waldo, 4170 Sharons Way, stated she would like to ake the selection by the daocratic process of voting. Ifencty Twitchell, 1452 Clydemod, Baldwin Park High School stated she thought they should be able to vote for their representatives as If they are chosen by soKone else, they would not know the person and the person selected could not really tell what the students want. rhyor Blewett stated that he type pf person he was seeking one who Is elected to student 1*0 Is recreation oriented am alweys get that type of person Hiss Twitchell said the to have not necessarily the body office, bnt soneow he did not think yw would irongh an elective process. thoi^ht tJMy would like I that would Co«t1»ed) BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?pecc05653 Regular Meeting of the Baldwin Park City Council October 4. 1972 Page 20 what they wanted. She stated they could have alternates in case someone moved. Jenny Waldo. 4170 Sharons Way* stated she thought the students choice would be best as they know who they want. Sylvia Sandovat stated she was a student at a school and every election they have had, it was the popular people were elected. She felt that if a student is interested. he or she will work for it, come and put in an application. Mrs. Gloria Zook stated she favored the election procedure, and the students were very interested in this appointment. Mr. Sam Sandoval, father of Sylvia, stated his daughter had graduated from school and is interested in Baldwin Park and the children. He felt that what is needed is someone who knows the needs of children and someone in school is not as aware of recreation needs as someone who has experienced what the young people need. Students only realize the full extent of their education after they have gone through the entire process. He stated Sylvia belonged to alt the various organizations and is a good leader and knows what is going on in the school. A popular student only knows what his friends want, but they won't know what a11 of the school wants and their practical needs. Sylvia Sandoval stated she had helped with last years school election and there were about 13,000 students and approximately 600 members of the student body voted. She felt this was not a good election. Enmit Waldo stated that what Sylvia had said was true but that this would be a good experience for the student as in a few years they would be participating in city and other elections and helping to run the country. He felt that the election system would be best. Mr. Roy Zook stated that appointing two teenagers on the Recreation and Parks Commission creates interest in the cornunity and if they are simply selected rather than voted for, there would not be the same interest. Councilman Hamilton stated he felt the students reed—end- ations were fine for them but that he felt that the reed—end- ations, 5 or 10, should be made by the school then interviewed by the Mayor and the Park Director and then appointed, because if they are elected they ay not be the proper one for the job. Emit Nat do suggested an essay contest where 15 or 20 students would prove themselves and then have thou inter- viewed by the council and the Parks Director and then say these four qualify and then let thai run for election. Mayor Blewett stated the selection would be one from Sierra Vista High and one from Baldwin Park and the manner of selection is the probloB. He stated he wanted the best qualified people to bring a youth point of view the Recreation Cowtssion. He stated that Council would make some deter- minations that would give the youth a voice on the Co—ission. 00- City Manager Mocalis stated he had contacted Mr. Art Atkinson, SAN GABRIEL VALLEY the owner and operator of the San Gabriel Valley Speedway and SPEEDUAY REPORT went through what the city's understanding had been and he Continued) BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?pef C05654 Regular Meeting of the Baldwin Park City Council rtober 4. 1972 Page 21 responded on September 28, 1972. In the letter he wrote one thing of interest to the citizens who live in the vicinity of the Speedway, Mr. Atkinson stated he has bought a sound neter for the purpose of responding to coiplalnts and Kr. Mocalis would urge the people who live within area of the speedway, if they have an objection to the noise, to please contact Mr. Atkinson. 00- Director of Public Works Perry requested that the Short FOITB initiations be held until later. There were no objections. 00- City Clerk Balkus stated that Mayor Blewett was the voting representative at the League of California Cities and Councilman King is the alternate. However, Councilman King will not be attending the serlnar and the League had requested two voting representatives. COUNCILMAN HAMILTON MOVED THAT COUNCILMAN GREGORY BE APPOINTED THE ALTERNATE AT THE LEAGUE OF CALIFORNIA CITIES SEMINAR. COUNCILMAN MCCARON SECONDED. There were no objections. The notion carried and was so ordered. 00- City Attorney Flandrick requested that the Ordinances regarding zoning regulation procedures be held for further clarifications. 00- AT 10:43 P.M. COUNCILMAN HAMILTON MOVED THAT THE CITY COUNCIL ADJOURN. COUNCILMAN MCCARON SECONDED. There were no objections. The notion carried and was so ordered. 00- SHORT FORM IlfT HELD APPOINTMENT OF ALTERNATE TO LEAGUE OF CALIF. CITIES. ORD. RE ZONING REG. PROCEDURES HELD FOR CLARIFICATIONS ADJOURN AT 10:43 P.M. /^ /^-^^^-<_^ V} /^ A-^^L-*^.———- TttLMA L. BALKUS, CITY tLEftk APPROVED: Q)ot^t^J J^ 1972 Date of Distribution to City Council: /., Date of Distribution to Departments: T) rX^6-^A^ /. 1972 1972 BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?peCITY OF BALDWIN PARK BID OPENING ONE 1972 NOOEL 2-1/2 TON DUMP TRUCK SEPTEMBER 7. 1972 2:15 P.M. CITY HALL COUNCIL CHAMBERS Peck Road Ford Truck Sales 2450 Kella Avenue Nhittier. California 90601 Reynolds Buick Inc. 345 N. Citrus Avenue West Covina, California One 1) 1972 2-1/2 Ton Dump Truck 1973 Ford F700) 1973) $7272.79 $ 363.64 $7636.43 $7636.43 Sales Tax TOTAL SALES CASH AMOUNT DUE 1973 GMC CE61403) 1973) $7049.91 $ 352.50 $7402.41 $7402.41 Guaranteed Delivery Date ALTERNATE BID WITH PARAMOUNT BODY Sales Tax TOTAL 90 Days $7046.29 $ 352.31 $7398.60 60 Days Ray Gaskin Service 300 West Duarte Road Monrovia, California 91016 Swede 01 in 791 East Arrow Highway Azusa, California 91702 One 1) 1972 2-1/2 Ton International Harvester Model 1600) International Harvester) 1973) $7331.66 $ 366.58 $7698.24 $7698.24 Dump Truck Sales Tax TOTAL SALES CASH AMOUNT DUE Guaranteed Delivery Date $7117.10 $ 355.86 $7472.96 $7472.96 60-90 Days November 7, 1972 This price includes a possible price Increase of $168.35. If this is not approved by the Federal Price Commission this charge of $168.35 will be deducted from the cost of the vehicle. Perkins Truck Sates & Service 1551 E. Mission Blvd. Pomona, California 91766 One 1) 1972 2-1/2 Ton Dump Truck International Harvester Model 1700 Loadstar) 1973) $7598.46 $7598.46 $ 379.92 $7978.38 $7978.38 70 Days Sales Tax TOTAL SALES CASH AMOUNT DUE Guaranteed Delivery Date I. THELMA L. BALKUS. City Clerk of the City of Baldwin Park. do hereby certify that I opened the foregoing bids in the Council Chambers of the City Hall at 2:15 p.m.. September 7. 1972, in the presence of Director of Public Works Perry and Street Maintenance Superintendent Crawford. u^^y-^— MELHd L. 6ALKUS. CtTY CLEftk BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 10 04 CC MIN(Ìì×?peOCTOBER 4, 1972 7:30 P.M. 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 p^ace at 7:30 p.m. Councilman Hamilton led the salute to the flag. Roll Call: Present: COUNCILMEN GREGORY, HAMILTON, MC CARON AND MAYOR BLEWETT Present: Absent: Also Present: MAYOR PRO TEM KING CITY ATTORNEY FLANDRICK, DIRECTOR OF PUBLIC WORKS PERRY, ASSISTANT PLANNING DIRECTOR LENOROVITZ, FINANCE DIRECTOR DUNCAN, CHIEF OF POLICE ADAMS, CITY TREASURER CALE, CITY MANAGER MOCALIS AND CITY CLERK BALKUS Absent: PLANNING DIRECTOR GORDON 00- CONTINUATION OF PUBLIC HEARINGS 1. Proposed City Charter Continued from 8/4/71, 8/18/71, 9/15/71, 12/15/71, 6/21/72 and 10/4/72) 2. Short Form 1911 Act Intent to order work 72-S-34 North side of Illinois Street between Kenmore Avenue and Idaho Street CG&DA) 3. Z-363 An appeal from decision of the Planning Commission on an application for a Zone Change from R-1 single family residential) Zone to R-3 multiple family residential) Zone on property located at 4600 N. Jerry Avenue, in the City of Baldwin Park. Applicant: Charles Berthet 00- AT 10:43 P.M. COUNCILMAN HAMILTON MOVED THAT THE CITY COUNCIL ADJOURN. COUNCILMAN MC CARON SECONDED. There were no objections. The motion carried and was so ordered. 00- FLAG SALUTE ROLL CALL CONTINUATION OF PUBLIC HEARINGS CONTINUED TO OCTOBER 18, 1972 CONTINUED TO OCTOBER 18, 1972 CONTINUED TO OCTOBER 18, 1972 ADJOURNED 10:43 P.M 2^^^/^^Jl^ THELMA L. BALKUS, CITY CLERK DATED: OCTOBER 5, 1972 TIME: 10:00 A.M. BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 peoon^ 4 Regular Meeting of the Baldwin Park City Council October 4. 1972 Page 11 this was not a good location for R-3. He Indicated the area on the wa11 screen. The applicant requested by letter that the case be held over for two weeks. City Clerk Balkus read a written protest In the form of petition requesting denial of a residential zone change. There were 40 signatures on the petition. The. petitioners stated the zone change would be detrimental to the 1—ediate vicinity, copy in official files) There was no testimony from the audience. Councilman McCaron asked if this was all one parcel, and how they were able to split this property. Mr. Lenorovitz stated this would be checked and a report made at the next meeting. COUNCILMAN HAMILTON MOVED THAT Z-363 BE CONTINUED TO 10/18/72. COUNCILMAN GREGORY SECONDED. There were no objections. The. motion carried and was so ordered. 00- Under Oral Comnunications Mr. Ralph Middleton, 13122 E. Corak, stated that he wished to connent regarding the Planning Comnissiion action on a Zone Variance, as the last council meeting he had attended he was told that he misunderstood. He distributed copies of a verbatim trans- cript of a portion of the August 28, 1972, Planning Comnisslon minutes. He stated that in the Council Minutes of August 16. 1972 the City Attorney Flandrick stated that Mr. Leiber- man did not make certain comnents, but the verbatim trans- cript contradicts this. He personally felt there was some* thing wrong, and he, as a citizen challenged the legality of passing the variance, because it was not handled properly. The minutes say something different than they were told and he questioned whether the citizens were getting the proper action by theCouncil and other Comilssions. He stated the reason he had received the verbatim transcript was because he had refused to sign the minutes until he received the transcipt. He stated he could not understand why there was this conflict. Mayor Blewett stated he did not understand and would like to know what Mr. Middleton was driving at as this item has had considerable discussion. He stated he had worked for Ettie Lee Homes and possibly this was the problem. He stated neither he nor the council had anything to do with the Planning Comission hearing on the Variance as the Planning ConiRlsslon makes their own decisions. Nhen the Council addresses themselves to the City Attorney* they accept his judgment and whatever he says is legal. He asked Mr. Middleton what he was asking the Council to do. Mr. Middleton stated he just wanted to make sure that this doesn't happen again; that there seems to be a lack of co—unicatlon between the Council and Co—fssions as he knew that Council does not receive amy C—Ission minutes until after Council Meetings. Therefore* they could not know what took place. He felt that this variance proceeding was not clear, and some information had been left out In the minutes. He had resigned on June 28th and received the transcript on Septerter 29th and everything Is set out as It happened, and for the benefit of the people he did not want what seems to be a conflict to happen again. 00- WRITTEN PROTEST NO TESTIMONY REPORT RE PARCELS AT 10/18/72 MEETING Z-363 CONT'D TO 10/18/72 ORAL CCMUNICAITIONS RALPH MIODLETON 13122 E. CORAK BIB] 37659-U01 1972-U02 10-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9934-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06