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HomeMy WebLinkAbout1972 11 01 CC MIN1972 11 01 CC MIN(Ìì×lpel^Hi^ November 1, 1972 Minutes 10/18/72 Approved Res. No. 72-135 Claims & Demands Adopted Rules for Public Hearings Public Hearings 72-N-56 Dismissed 72-N-57 Res. No. 72-136 Adopted 72-N-58 Res. No. 72-137 Adopted Albert Fisher Joe N. Cale Emmit Waldo Waiver of Fees Testimony: held to 11/15/72 Proclamation: Youth Appreciation Week" Optimist International Banquet Morgan Park T.U.P. Elwin Elementary School helicopter landing approved fees waived T.U.P, Sierra Vista High School helicopter landings and Homecoming Car Caravan Approved fees waived T.U.P. Orthopedic Volunteers Dances, Morgan Park Approved background fees waived Claim Dorothy Rodriguez Denied Engineering Contracts Lampman & Assoc. & VTN Approved Res. Dedication for Public Street Purposes Held over Ord. No. 651 Amending M.C. Rec. & Parks Comm. Res. No Ord. No Ord. No Res. No 72-138 Zone Variance Standard Oil Adopted 639 Amending Zoning Golden State Bank Adopted 650 Amending Sees. 4605, 4656 Dance & Entertainment Adopted 72-140 Endorsing Prop. 18 Obscenity Legislation) Adopted Res. No. 72-141 Revenue Sharing Optional formula Adopted Adjourned 5:40 P.M. BIB] 37659-U01 1972-U02 11-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9936-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 11 01 CC MIN(Ìì×lpeC'C05670 UNOFFICIAL UNTIL APPROVED REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue The City Council of the City of Baldwin Park met In regular session at the above place at 7:30 p.m. Councilman Gregory led the salute to the flag The Invocation was given by Father John Flack, St. John the Baptist Church. Roil Call: Present: COUNCILMEN GREGORY, HAMILTON, KING, MC CARON AND MAYOR BLEWETT CITY MANAGER MOCALIS. ACTING CITY ATTORNEY LIEBERMAN, DIRECTOR OF PUBLIC WORKS PERRY. PLANNING DIRECTOR GORDON, FINANCE DIRECTOR DUNCAN. CHIEF OF POLICE ADAMS, CITY TREASURER CALE. CITY CLERK BALKUS Also Present: Absent: CITY ATTORNEY FLANDRICK 00- COUNCILMAN GREGORY MOVED THAT THE MINUTES OF OCTOBER 18. 1972 BE APPROVED AND THAT FURTHER READING BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. 00- RESOLUTION NO. 72-135 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK COUNCILMAN KING MOVED THAT RESOLUTION 72-135 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN GREGORY SECONDED. Roll call. There were no objections. The moliion carried and was so ordered. 00- City Clerk Balkus administered the Oath to those In the audience desiring to be heard during the meeting. 00- Mayor Blewett stated that there has been some discussion amoung the Council as to rules for Public Hearings and the following procedures will be used for the conduct of Public Hearings henceforth: 1. Those in favor will be allowed to speak only once. 2. Those in opposition will be allowed to speak next. Again» each opponent shall be allowed to speak only once. 3. Those wishing to rebut the opposition will be allowed to speak. Each rebutter shall be allowed to speak only once. 4. The Mayor will close the Public Hearing. 5. The Mayor will ask for discussion by the Council Members. 00- NOVEMBER 1. 1972 7:30 P.M. FLAG SALUTE INVOCATION MINUTES OF 10/18/72 APPROVED RES. NO. 72-135 CLAIMS & DEMANDS 6002 6066 PAYROLL PERIOD 10/1/72 10/15/72 RES. NO. 72-135 ADOPTED OATH RULES FOR PUBLIC HEARINGS BIB] 37659-U01 1972-U02 11-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9936-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 11 01 CC MIN(Ìì×lpeCC05671 i Regular Meeting of the Baldwin Park City Council PUBLIC HEARINGS: Director of Public Works Perry stated that on Case 72-N-56 the nuisance had been abated and the case dismissed. There were no objections. 00- November 1, 1972 Page 2 PUBLIC HEARINGS PUB. NUISANCE 72-N-56 DISMISSED 7:30 p.m. having arrived, it was the time and place fixed for a public hearing on 72-N-57 to determine whether certain premises and structures constitute a public nuis- ance at 14437 Cavette Place. Proper postings and mailings had been accomplished. There were no written protests. Director of Public Works Perry reviewed his report and showed slides of the property. Mr. G. A. Ridlington, 14437 Cavette Place, owner of the property, stated that he does not have the funds to hire help as he is on a limited income and has to save for his taxes and that he would need at least 90 days 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-57 Mayor Blewett declared the public hearing closed. RESOLUTION NO. 72-136 FINDING AND DETER- MINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 72-N-57) A time limit of 90 days to comply was granted in accordance with Section 2. COUNCILMAN HAMILTON MOVED THAT RESOLUTION 72-136 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCIL- MAN 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-58 to determine whether certain premises and struct- ures constitute a public nuisance at 14911 Dexter Street. Proper postings and mailings had been accomplished. There were no written protests. Director of Public Works Perry reviewed his report and showed slides of the property. As there was no one in the audience desiring to speak either in behalf of or in opposition to 72-N-58 Mayor Blewett declared the public hearing dosed. RESOLUTION NO. 72-137 FINDING AND DETER- MINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED 72-N-58) A time limit of 60 days to comply was granted in accordance with Section 2. COUNCILMAN MC CARON MOVED THAT RESOLUTION 72-137 BE ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCIL- MAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. PUBLIC HEARING PUBLIC NUISANCE 72-N-57 POSTINGS AND MAILINGS NO WRITTEN PROTESTS RESUME & SLIDES PUBLIC HEARING DECLARED CLOSED 72-N-57 RES. NO. 72-136 ORDERING ABATEMENT SECTION 2 90" DAYS TO ABATE RES. NO. 72-136 ADOPTED PUBLIC HEARING PUBLIC NUISANCE 72-N-58 POSTINGS AND MAILINGS NO WRITTEN PROTESTS RESUME & SLIDES PUBLIC HEARING DECLARED CLOSED 72-N-58 RES. NO. 72-137 ORDERING ABATEMENT SECTION 2 60" DAYS TO ABATE RES. NO. 72-137 ADOPTED 00- BIB] 37659-U01 1972-U02 11-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9936-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 11 01 CC MIN(Ìì×lpe0056^ Regular Meeting of the Baldwin Park City Council November 1, 1972 Page 3 Under Oral Communi cations, Joe W. Cale, 4453 Bcnhdm, asked for Council's aid in obtaining a waiver of fees for any city services further needed in behalf of Albert Fisher, a blind Veteran, any such waiver to be for a period of one year, unfit Mr. Fisher is established in business. Mr. Cate stated that Mr. Fisher intends to operate a nursery business between McDaniets Cleaners and Colonel Sanders and that several people are helping him to get started. He stated that Mr. Fisher planned to sell Christmas trees so there was some urgency. Mr. Cate s1so requested a waiver of underground electrical hookup because of the prohibitive cost of tearing up the existing concrete, and that he be allowed to use a pole 30 feet from the street pole for the hookup. Mr. Emmit Waldo stated that underground!ng the electricity would require removal of cement and disrupt his gas tine. After further discussion Mayor Blewett asked that Mr. Mocatis get a legal opinion on the matter and submit a report for coi'iSidGrdti Cii t L!'i'^ iicxt E.'ccL". 00- Under Written Communications Mayor Blewett read a Proclamation proclaiming YOUTH APPRECIATION WEEK" NOVEMBER 13-19, 1972. Copy in official files.) 00- Mayor Blewett also announced that a banquet, sponsored by Optimist International, will be held at Morgan Park on November 14, 1972 at 7:30 p.m., honoring youths between the ages of 14 and 22 who have played an out- standing role in ths community in 1972. 00- City Clerk Batkus presented a request for a Temporary Use Permit from E1win Elementary School for Los Ar'getes County Sheriff's helicopter landing on November 29, 1972, waiver of fees, subject to Police and Federal Aviation Authority approval. COUNCILMAN KING MOVED THAT THE T.U.P BE APPROVED SUBJECT TO POLICE AND FAA APPROVAL AND THAT FELS BE WAIVED. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- City Clerk Batkus presented request for a Temporary Use Permit from Sierra Vislci High Sciioot for Homeconnng Car Caravan with floats and hc-1i copter landings for princesses on November 17, 1972, waiver of fees; the helicopter landing approval subject to Police Department and Federal Aviation Authority approval. COUNCILS GREGORY E-'iOVCD THAT THF- T.U.P. HE APPROVED SUBJECT TO POLJCC /^D FAA APPROVAL D THAT FEES BE WAIVER, COUNCILMAN HAMILTON SECONDF-D. There were no objections. The motion carried and was so ordered. 00- Ci ty CIcrL Batkus presented a roquet for a iopiporary Use Permit from Orthopedic Volunteers for Dances at WAIVER OF OF ALBERT FEES ON FISHER BEHALF JOE W. CALE EMMIT WALDO HELD OVER TO 11/15/72 PROCLAMATION APPRECIATION NOV. 13 19, YOUTH WEEK" 1972 BANQUET AT MORGAN PARK HONORING OUTSTANDING YOUTHS NOV. 14, 1972 T.U.P. ELWIN ELEM. SCHOOL HELICOPTER LANDING T.U.P. SIERRA VISTA HIGH SCHOOL HOMECQML.Q CAR CARAVAN & HELICOPTER LANDINGS T.U.P. APPROVED Monjrin Park on November 11 1972, waiver of fees for a December 9, and l^cen^oi' 23 Pdicp backoi ounci chr^ck. T.U.P. ORTHOPLDIC VOLUNTEERS DANCES MORGAN PARK Coiithtued) BIB] 37659-U01 1972-U02 11-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9936-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 11 01 CC MIN(Ìì×lpeCCC5673 Regular Meeting of the Baldwin Park City Council COUNCILMAN KING MOVED THAT THE T.U.P. BE APPROVED AND THAT FEES FOR A POLICE BACKGROUND'CHECK BE WAIVED AND THAT THE CITY MANAGER GET A REPORT ON THE FUNDS COLLECTED AND WHO IS RESPONSIBLE FOR THE FINANCES. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00- City Clerk Batkus presented a claim filed by Dorothy Rodriguez, 4503 Downing Avenue, Baldwin Park for an accident that occurred. The recommendation v/as to deny the claim and refer to the insurance carrier. COUNCILMAN GREGORY MOVED TO DENY CLAIM AND REFER TO INSURANCE CARRIER. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- Di rector of Public Works Perry presented a recommendation that Lampman and Associates and VTN be retained to do that part of the engineering design which cannot be handled by the Engineering Staff to Implement the three year capital street improvement program. COUNCILMAN MC CARON MOVED THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE CONTRACTS FOR THE ENGINEERING DESIGN SERVICES WITH LAMPMAN AND ASSOCIATES AND VTN FOR THE THREE YEAR CAPITAL STREET IMPROVEMENT PROGRAM. COUNCILMAN GREGORY SECONDED. There were no objections. The motion carried and was so ordered. 00" Director of Public Works Perry asked that the hearing on a resolution of the City Council formalizing city policies with regard to offers of dedication for public street purposes be held over for City Attorney Flandrick's approval. 00- City Clerk Batkus read by title: November 1, 1972 Page 4 T.U.P. APPROVED CLAIM DOROTHY RODRIGUEZ ACCIDENT CLAIM DENIED AND REFERRED TO INSURANCI CARRIER RECOMMEND LAMPMAN & ASSOC. & VTN FOR ENGINEERING DESIGN CONTRACT LAMPMAN & ASSOC. & VTN APPROVED ORDINANCE NO. 651 AMENDING CERTAIN PROVISIONS OF THE BALDWIN PARK MUNICIPAL CUDE RELATING TO THE RECREATION AND PARKS COMMISSION COUNCILMAN GREGORY MOVED THAT FURTHER READING OF ORDINANCE NO. 651 BE WAIVED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN GREGORY MOVED THAT ORDINANCE NO. 651 BE INTRODUCED. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried and was so ordered. ORD. NO. 651 AMENDING PROV. BPMC RE RECR & PARKS COMM 1ST READI;-;G) FURTHER READING WAIV ORD. NO. 651 ORD. NO. 651 INTRODUCED 00- City Clerk Batkus read by title: RESOLUTION NO. 72-138 OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A ZONE VARIANCE TO CONSTRUCT A FKEE-S'iAMDING SIGi-i IN I'XCLSS TO TilF HLIGHT LIMITATION A,\D BACK- GROUND SIGN FACE: AKL-A APPE.l CANT: STANDARD on conrA^Y; CASF NO. zv"-270, LOCATION: 310^ PUL'HtE AVENI11:) RES. NO. 72-138 APPROVING ZONE VARIANCE STANDARD OIL Co;1tinn''>d) BIB] 37659-U01 1972-U02 11-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9936-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 11 01 CC MIN(Ìì×lpeRegular Meeting of the Baldwin Park City Council COUNCILMAN MC CARON MOVED THAT RESOLUTION 7P-138 BE ADOPTED HEIGHTH OF SIGN TO BE 85 FEET AND SIZE TO BE 360 SQUARE FEET) AND THAT FURTHER READING BE WAIVED COUNCILMAN HAMILTON SECONDED. Roll ca11. The motion carried and was so ordered. Ayes: COUNCILMEN MC CARON, HAMILTON, GREGORY AND MAYOR BLEWETT Koes: COUNCILMAN KING 00- C'00^674. November 1, 1972 Page 5 RES. NO. 72-138 ADOPTED City Clerk Batkus read by title: ORDINANCE NO. 639 AMENDING THE ZONING MAP OF THE CITY OF BALDWIN PARK AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE R-3 TO ZONE C-2 APPLICANT: GOLDEN STATE BANK: ZONE CASE NO. Z-359) COUNCILMAN GREGORY MOVED THAT FURTHER READING OF ORDINANCE 639 BE WAIVED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. COUNCILMAN GREGORY MOVED THAT ORDINANCE NO. 639 BE ADOPTED COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- City Clerk Balkus read by title: ORD. NO. 639 AMENDING ZONING R-3 TO C-2 GOLDEN STATE BANK ORD. NO. 639 FURTHER READING WAIVED ORD. NO. 639 ADOPTED ORDINANCE NO. 650 AMENDING SECTIONS 4605 AND 4656 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO DANCE AND ENTERTAINMENT PERMITS. COUNCILMAN GREGORY MOVED THAT FURTHER READING OF ORDIN- ANCE NO. 650 BE WAIVED. COUNCILMAN KING SECOI^DED. There were no objections. The motion carried and was so ordered. COUNCILMAN GREGORY MOVED THAT ORDINANCE NO. 650 BE ADOPTED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00" Under New Business City Clerk Balkus read by title: RESOLUTION NO. 72-140 OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ENDORSING CALIFORNIA BALLOT PROPOSITION NO. 18 OBSCENITY LEGISLATION) Councilman McCaron felt that a legal opinion was required as to whether an individual city could regulate and that this bi11 was equivalent to an overkill and would leave the public open to harrassment. That the time to hear such matters'is when they arise'. Councilman King stated he felt it more important to have a law which could be changed thcsi no law, outdoor drive-in theaters adjacent to residential areas should be regulated, that cities cannot regulate this type of amusement. That it is not. a good law but there 1s always time to revert back and modify 11 and that we have not yet taken a step in this direction so why not do so now. Continued) ORD. NO. 650 AMENDING SECS. 4605 & 4656 BPMC DANCE & ENTERTAINMENT FURTHER READING WAIVED ORD. NO. 650 ORD. NO. 650 ADOPTED RES. NO. 72-140 ENDORSING PROP. 18 BIB] 37659-U01 1972-U02 11-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9936-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 11 01 CC MIN(Ìì×lpeCC05675' Regular Meeting of the Baldwin Park City Council November 1, 1972 S *Page 6 Mayor Blewett stated some of the reasons this came about were the vagueness in the language of the present law, the I California law which incorporates the redeeming social importance" test is too tax, and there has been no majority opinion in the Supreme Court. * & Councilman McCaron stated he did not want to approve with- out knowing more about it, that he would tike to have a legal opinion regarding this proposition. Acting City Attorney Lieberman stated that one of the things this law does is redefine the community standards relative to the com'nunity in which the activity occurs. In the past the courts have held that the community" was the State, and those standards would apply; in this case the standards would be the standards of the commun- ity. To that extent e community may be able to legislate the standards of that coE,:munity. Councilman McCaron stated this is what he meant., that it does not give the proper toots to work with and that it is an overkill and that the cities cannot legislate it. Mayor Btewett stated Proposition 18 infers that the standards would be set by the community.where the activity took place. Councilman Hamilton stated he called one of the smaller walk-thru markets in the city to ask why they displayed pornographic material so as to be seen even by the small- est children and they stated because it makes money." He stated he thinks this control is needed and could be changed later. Councilman Hamilton asked Mr. Lieberman if this were passed, would it become a state law and Mr. Lieberman stated yes it would. COUNCILMAN HAMILTON MOVED THAT RESOLUTION NO. 72-140 RES. NO. 72-140 BE ADOPTED. COUNCILMAN KING SECONDED. Ro11 Call. The ADOPTED motion carried and was so ordered. AYES: COUNCILMEN HAMILTON, KING, GREGORY AND MAYOR BLEWETT Abstain: COUNCILMAN MC CARON 00- City Manager Mocalis read by title: RESOLUTION 72-141 OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REQUESTING THAT THE STATE OF CALIFORNIA BY LAW PROVIDE FOR THE ALLOCATION OF REVENUE SHARING FUNDS AMONG UNITS OF LOCAL GOVERNMENT ON AN OPTIONAL FORMULA BASIS AS AUTHORIZED UNDER THE STATE AND LOCAL FISCAL ASSISTANCE ACT OF 1972 RES. NO. 72-141 REVENL SHARING OPTIONAL FORMULA COUNCILMAN GRi'-JRY MOVED IHAT RESOLUTION NO. 7M41 BE ADOPTED. CCUNCILMAM KING S'LCOE^DrD. There were no objections, the moc'ion carried and was so ordered. RES. NO. 72-141 ADOPTED CO- BIB] 37659-U01 1972-U02 11-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9936-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1972 11 01 CC MIN(Ìì×lpecco-^rN.r Regular Meeting of the Baldwin Park City Council AT 8:40 P.M. COUNCILMAN GREGORY MOVED THAT THE CITY COUNCIL ADJOURN, COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- November 1. 1972 Page 7 ADJOURN 8:40 P.M. r^^r—^ THELHA L. &ALKUS. CITY 6lERk——— APPROVED: g^^S^'1972 Date of Distribution to City Counci 1 \^^^^t) 1972 Date of Distribution to Departments b%^^2^ /O 1972 BIB] 37659-U01 1972-U02 11-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9837-U03 DO9936-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06