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HomeMy WebLinkAbout1974 11 25 CC MIN1974 11 25 CC MIN(ÌìÒ=peINDEX November 25,1974 Page City Treasurer's absence excused 1 Public Hearing: Ord. No. 691 Recodify Municipal Code 1 17 Over-night parking on B. PR. Blvd. approved 2 Section 6004 Street Work Amended to read, at no time should they deface" 2 Section 7604 Conduct of Hearings Citizens to have choice 5 Mrs. Doris Dahl re Section 3600 & 3702 6 & 7 Mr. Don Duvalt re Section 7613, 7551 H-202), 7604, 7606, 2903, 6029, 3600, 3702 7-9 Mrs. Dottie McDonald re Section 7613 9 Mrs. Amos Slater re Section 2255, 3400, 3609, 10 12 Mr. T. E. Carpenter re Section 3609, 7603, 7606, 7700, 3197. 3600, 3607, 3612, 3811, 6209, 5109, 6030, 6420, 6600. 7000 7608 10-16 City Attorney to make changes in Code authorized 16 Mrs. Regus re Section 3811(e) 16 Adjourned at 11:03 p.m. to November 27, 1974 17 BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ=peCC06^94 ADJOURNED REGULAR MEETING OF THE BALDWIN PARK NOVEMBER 25, 1974 CITY COUNCIL CITY HALL COUNCIL CHAMBERS) 7:30 P.M. 14403 East Pacific Avenue The City Council of the City of Baldwin Park met in adjourned regular session at the above place at 7:30 p.m. Councilman King led the salute to the flag. FLAG SALUTE Roll Call: Present: COUNCILMEN GREGORY, KING, ROLL CALL MC CARON. WALDO arrived at 7:40 p.m.) AND MAYOR HAMILTON Also Present: CITY MANAGER MOCALIS, DIRECTOR OF PUBLIC WORKS LATHROP AND CITY CLERK BALKUS Also Absent: CITY ATTORNEY FLANDRICK. ACTING PLANNING DIRECTOR HALE, FINANCE DIRECTOR DUNCAN, CHIEF OF POLICE ADAMS, ACTING CHIEF OF POLICE HEBERT AND CITY TREASURER CALE CITY TREASURER CALE'S ABSENCE EXCUSED. M/S/C: C. TREAS. CALE HAMILTON/GREGORY. ABSENCE EXCUSED 00- City Manager Mocalis said at the last meeting, a citizen had asked a question regarding over-night parking and it was explained that Bogart Avenue is the only street in the community where over- night parking is allowed. It is used by trucks parking over-night and the trucks are breaking the law when they enter and exit but it is law- ful for them to park there. It is a very narrow street and when a truck is parked on it, it cuts the visibility of people going into and out of the municipal yard. The Traffic Committee has made a study and recommended that Baldwin Park Boulevard between Bess and Virginia be used for the over-night parking area in lieu of Bogart; that this be inserted in the Code. Councilman McCaron asked what effect this would have on the theater traffic at night. City Mana- ger Mocalis said this could be handled by extend- ing a red zone a considerable distance from the ingress and egress lines. City Manager said if the Council is in agreement with this change, then they would determine how much distance they would need and come back for Council approval. Councilman Gregory asked if this had to be done now, couldn't they get the information that is needed and cover it all when the motion is made. At 7:40 p.m.. Councilman Waldo arrived). continued) MUNICIPAL CODE STUDY BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ=peCGO^^ Adjourned Regular Meeting of the Baldwin Park City Council November 25, 1974 Page 2 City Manager Mocatis said they could if the Council does not finish with the Municipal Code at this meeting, they could come back with it at the next meeting. If the Code is concluded, the Council would have to instruct the City Attorney to amend the proposed draft as to the changes made by the Council which takes 5 days. He said the Code could be amended later on if Council desires. The Traffic Committee did indicate that they were satisfied that a safe accommodation wilt be made for the parking. He said the only question that Council has to be concerned about is the location. As far as the safety is concerned, they can make it a safe operation. Councilman King said perhaps they could put no truck parking" between signs and the City Manager said they could, but that could be handled by resolution at a later time. OVER NIGHT PARKING ON BALDWIN PARK BOULEVARD BETWEEN BESS AND VIRGINIA IN LIEU OF BOGART APPROVED. M/S/C: GREGORY/KING. 00- Mayor Hamilton said the Councilmen had asked at the last meeting that each councilman go through their notes and after they are through, the audience may speak on any item of the Code. Councilman McCaron referred to: Section 5102 TAX IMPOSED- Transit Occupancy) Councilman McCaron asked if the 5% should be at 6% the same as the sales tax and City Manager Mocalis said we are restricted to no more than 5%. Section 6004 STREET WORK NEWLY MADE PAVEMENT Councilman McCaron suggested different wording in this section, as it indicates now that it can be defaced after the barriers are removed. City Manager Mocalis said he would have the City Attor- ney amend it to read at no time should they deface' Section 6010 SIDEWALKS AND DRIVEWAYS. REPAIRS Councilman McCaron said this requires that the homeowner to repair the sidewalks and he said it should be the obligation of the City. We would need to have a report to determine the cost and should have a certain amount in the budget to take care of it. City Manager Mocalis said this section says that the homeowner is responsible to maintain it, not to pay for the cost of replacement. This actually means the responsibility for cleaning the sidewalk. He said this could be done by Council policy rather than changing the Code. The way it reads now is that the City can pay it or charge the homeowner. continued) B. PK. BLVD. OVER NIGHT PARKING APPROVED BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ=peAdjourned Regular Meeting of the Baldwin Park City Council 10^196 November 25, 1974 Page 3 Councilman McCaron said that he wanted to be sure that the City does the repair work on the physical structure; the homeowner pays for the original installation. Section 6400 PERMITS i) Councilman McCaron referred to part i) and asked if this could be more explicit and indi- cate who they would appeal to; a regular course of procedures. City Manager Mocalis said because of the State laws involved in this, the Director should be the person who made the final decision and that is why they have referred to Section 2900. He said a great deal of time was spent on this Section. When they get to the Fee Section, it can be handled by determining the fee or no fee. Section 6435 APPEALS Councilman McCaron said he thought this should be handled in the same manner as Section 6400; go to the City Manager first and down the line procedure. City Manager Mocalis said in most cases where the State law is involved and not a local ordi- nance, it would go from the person who is required by law to make the decision, right to the City Council for the*Appea1 process. t Councilman McCaron said it should go to the City Manager before it comes to the City Council as in many cases the City Manager can settle a pro- blem and the person can see the City Manager in less time and not have to wait for a City Council meeting. If the person is not satisfied with the decision of the City Manager, then they can come to the City Council. City Manager Mocalis said they can add a phrase to the section stating it should go to the City Manager and then to the City Council. Councilman King asked if the procedure wasn't outlined in the beginning and City Manager Mocalis said Section 2900 stated that standard procedures are established by writing to the City Clerk, filed within a specific time limit, etc. Section 6605 FRANCHISE PAYMENTS Councilman McCaron referred to the last paragraph in this section and said a fixed amount should be stipulated rather than 5% of the gross profits. City Manager Mocalis said the franchise is set up on a 5% gross annual receipts basis. No one has a feeling for how large cable T.V. will become in the community and this is why they have charged by annual receipts. The State law indicates a maximum of 5% may be charged. continued) BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ=peCCOG^? Adjourned Regular Meeting of the Baldwin Park City Council November 25, 1974 Page 4 Councilman McCaron suggested a set amount the first month and then double or triple each month. If the franchise is terminated, you don't have to question how much longer they will continue. City Manager said that was why they specified an amount in the paragraph. In case a person had a franchise with the City and the franchise expired and they refused to quit serving the people, this would give the City control as they would realize there would be a substantial penalty if they operated after the franchise period. Mayor Hamilton, Councilman King and Councilman Gregory stated that there would be too many pro- blems if they had a fixed amount. Section 7551(a) AMENDMENTS TO CERTAIN SECTIONS OF THE UNIFORM HOUSING CODE Councilman McCaron asked if subparagraph a) Section H-202 wasn't already covered under Section 7600. City Clerk Balkus said the H-202 is a Uniform Building Code number and when it is adopted, it would be adopted as it is and unless this section is included they could not take care of the sub- standard buildings under the other section of the Municipal Code that is referred to. City Manager Mocalis agreed and said Section H-202 provides for a method of abatement and Section 7600 gives the procedure for abating nuisances and that is why the housing code is amended which does away with the Uniform Housing Code method of abating nuisances and puts it back in the Municipal Code. Section 7613 EMERGENCY ABATEMENT Councilman McCaron asked under what conditions would an emergency abatement be required. All orders of abatement should appear on the Council Agenda listed by the abatement order prior to enforcement and this becomes an automatic appeal which may or may not be contested. City Manager Mocalis said this section refers to the situations where there is apparent danger and immediate hazard which can't wait for a Council meeting, such as a truck raming into an old build- ing which is hazardus to the oeople in the vicinity. The Code must provide for emergency conditions. He did not think that any employee of the City would declare an emergency if there is not one as it would make the City liable for civil action by the owners. Councilman McCaron referred back to H-202 under Section 7551 and stated this automatically puts all houses declared to be substandard into a public nuisance category. They could be substandard according to the Code and not a public nuisance. continued) BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ=peAdjourned Regular Meeting of the Baldwin Park City Council 006^98 November 25, 1974 Page 5 Mr. Mocatis explained that the Code protects structures built prior to adoption of the codes. The present policy will be adhered to if a building is substandard, deteriorated and a blight, and neighbor complaints are received. Public hearings will be held by Council. The Housing Code spells out that if there is an obvious hazard and inspection reveals that it is substandard, then the structure must be brought up to code. Section 7700 HOUSE MOVING Councilman McCaron asked if this referred to moving within the City or through the City. City Manager Mocalis said we do not allow any house to be moved into the City for relocation and a home can not be moved from one point to another point within the City. This applies to moving structures through the City only. Section 7604 CONDUCT OF HEARINGS Councilman Gregory suggested that the wording be clarified so people will understand that they can appeal to the Council. City Manager Mocalis explained that Section 7606 stated the right of appeal. Councilman King asked if people are told that they have the right of appeal. City Manager Mocalis stated that the decision of the Administrative hearing is in writing and includes the right of appeal. Councilman Gregory suggested that the Code state that the people do not have to come before the City Manager, but can come directly to Council. City Manager Mocalis agreed that as an alterna- tive to the Administrative hearings which saves time, they could go directly to Council; or if after the Administrative hearing they are dis- satisfied they can go to Council. People could be so advised in writing. Council agreed that the people should have a choice. Section 3730 PARADE AND DEMONSTRATION PERMITS Councilman King said the City Council should be given sufficient notice with the City Manager's checking the background, and then Council should take the necessary action in respect to parades and demonstrations. City Manager Mocalis said he did not mind having this reworded so that it would have to come before Council. He said in the past if there has been a serious question, they have turned them down and they have had to come before Council for approval. continued) BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ=peccce^d Adjourned Regular Meeting of the Baldwin Park City Council November 25. 1974 Page 6 The time period is usually the major factor. In rare cases we have issued a permit without legal authority, but have had it radified at the next Council meeting. There is always the right of appeal to Council. Discussion followed and it was decided that this section would remain as it is. Section 6029 ADVERTISING AND SIGNS ON BENCHES Councilman King asked if this should not be subject to the City Council rather than the City Manager. Council agreed to leave it as it is. Mayor Hamilton said as there was no ments from Council, he would invite audience to give recommendations or regarding the Code. further com- those in the comnents Mrs. Doris Dahl, 4345 Harlan Avenue, referred to Section 3600 Intoxication) and asked if that meant a neighbor in his own home and was drunk who annoyed her, she could have him arrested? Mayor Hamilton said she could or she could call the police to investigate to see if there was a disturbance of the peace. If there is loud yelling or noise, you would have the right to call for help to stop it. Mrs. Dahl said she agreed, but she felt a man had the right to get drunk in his own home. Mayor Hamilton said he has as long as he doesn't annoy anyone. Councilman Gregory said this referred to loud music or people drifting over on other properties. Mrs. Dahl said she was concerned about a person's constitutional rights. City Manager Mocalis said if you have a case where a person is drunk and threatening members of his own family, if you don't have something in the Code covering this, it is difficult for an officer to safeguard other people. An officer has to have a reasonable cause to arrest somebody. If an officer is called in about a neighborhood dispute, they try not to arrest anyone. It is expensive for the City as the officer has to go into court, overtime money is involved and they try not to arrest a person unless there is danger to someone. Mayor Hamilton said there was a reason for this being in the Code and he thought it should be left in. Mrs. Dahl asked about Section 3702 covering fees for park facilities. continued) MRS. DORIS DAHL BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ=peC COo^O Adjourned Regular Meeting of the Baldwin Park City Council November 25, 1974 Page 7 City Manager Mocalis explained that there will be discussions on fees after the Code is adopted. Every fee will be incorporated in one document with the exception of business licenses. Mrs. Dahl asked if the park was always able to charge fees and City Manager Mocalis said they have always charged fees. Mr. Don Duvall referred to Section 7613 Emergency Abatement) and asked who determines an unforesee- able emergency in the future. City Manager Mocalis said this was covered under several things such as a building being hit by something or the Edison Company would discover the wires melting through the insulation where immediate action is necessary or information coming from the Police, Public Works or the utility company. The decision in the Code is made by the City Manager to abate this and it also provides for the Appeal process that could change the direction of the City Manager's deci- sion. Mr. Duvall asked if this would be decided by a qualified technician and not a politician. City Manager Mocalis said he has four licensed civil engineers on his staff and they would be the people who would make the decision on the structural safety of a building and technical facts are required. The Appeal process is also applicable. There is a detailed procedure involved and protections are made for citizens before any emergency abatement is transacted. Mr. Duvall asked about Section H-202 under 7551 and City Manager reiterated his previous comments and said this was no change from our present law. Mr. Duvatt wanted to know how they would determine if there was faulty wiring in a person's home. City Manager Mocalis said there could be a fire in the home and damage to the structure. When you replaced the wiring, it would have to be brought up to Code requirements. There is no way anyone can go into a home and check without a good reason. Mr. Duvall asked what the fee was in regards to Appeal under Sections 7604, 7606 referred back to 2903. City Manager Mocalis said this was the same as mentioned previously. The staff had recommended that there be a fee if there was an appeal before the City Council. The reason for this was to use the process that applies to the Planning Commission appeals. The appeal fee is $75.00. If we had the administrative hearings, it was thought that if one person was not satisfied with the decision, they would want to appeal to the Council and there would be the expense of a public hearing. On the other hand, the point has been raised which is a valid one, when we don't have administrative hearings, a person's first hearing before the City Council does not cost anything and the point was made why shouldn't they still come before Council without paying a fee. MR. DON DUVALL BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ= pe pr'^"" i v i. u^o-^.i Adjourned Regular Meeting of the Baldwin Park November 25, 1974 City Council Page 8 He said he did agree with that and he would recom- mend that there be no fee to appeal that sort of a decision before the City Council. Mr. Duvall said he did not think there should be MR. DUVALL a fee for anyone to talk to the City Council. Mr. Duvall asked about the bench advertising cov- ered in Section 6029. City Manager Mocalis said this had been explained previously and was for the purpose of control on such advertising. Mr. Duvalt asked if there was a fee or a franchise for the people who advertise on benches. City Manager Mocalis said there is no franchise at this time. We have some benches which have been there for quite some time; some have adver- tisements and some don't; some are under the RTD and some are private advertisers. This is one of the problems which has not been resolved because we do not have a good ordinance. Mr. Duvall asked if the new Code would set a fee for bench ads. City Manager Mocalis said it specifies that no advertising signs shall be displayed on any bench. All of the administrative regulations have not been written up as yet. These administrative regulations will be brought to Council for approval as to the policy to be followed. Mr. Duvall asked if the Code now permits bench ads and does this cover any other form of advertising. City Manager Mocalis said it doesn't say that, but they niay be displayed and are subject to the approval of the City Manager. It is not specific and the Council wi11 approve the policy of how we will handle this. This only applies to benches. City Manager Mocalis said they have tried when put- ting the hew Code together, to leave the Council's options open because conditions change. One of the problems with most of the codes that many cities use is that they are written in such a way that everytime Council wishes to make a minor change in policy, it requires advertising in the paper and takes 45 days to make it a law. Mr. Duvalt stated that he thought Section 3600 Intoxication) was unconstitutional- It annoys him to smell alcohol, but it does not give him the right to let 1 a man what he can do in his own home. Councilman King said it infringes upon others rights if a man is obnoxious, noisy. There should be some means of stopping this particular action that infringes on others rights Mr. Duvall asked if there was an existing law and why would we need another law to cover the same thing. continued) BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ= pe L 0650.3 Adjourned Regular Meeting of the Baldwin Park November 25, 1974 City Council Page 9 City Manager Mbcalis said this is covered speci- fically because intoxication is one of the major calls made to the police. Because drunkenness on private property is such a problem, the City Attor- ney thought this should be dealt with very speci- fically and clearly. The police officers exercise discretion when they deal with these matters. The annoyance is determined by an officer of the law whose duty is to enforce the laws of the community. Mr. Duvati said our officers have a tough time as it is trying to keep peace; they don't need more laws that they have to enforce. They do a good job. We need better judges to convict those who are arrested. Mr. Duvall asked about Section 3702 Park Fees). City Manager Mocalis said there are fees on certain uses of the park. If a private organization wants to rent the plunge, or one of the rooms, there is a fee charged. Councilman Waldo asked how Section 3602 applied to Bingo, Las Vegas nights, etc. City Manager Mocalis said the wording of this section is the same in almost every city in California; Gardena and a few others have a different law. This was a County law before we became an incorporated city. This is really to keep out organized gambling. Mrs. Dottie McDonald, 13917 East Foster Avenue, said P.T.A. does not approve of gambling and other organi- zations don't approve of it. It is discrimination when you allow other organizations to have Bingo, etc. People just don't have any respect for the law in the way they add on to their homes and some are fire hazards. What can the taxpayer do to combat this situation? She said she had reported 4 fires in one block in one week last summer. How can we get people to take care of their property? There are houses in her immediate neighborhood that are not up to speci- fications and the condition exists alt over the City. She referred to Section 7613. Mayor Hamilton said they have abatement hearings at almost every Council meeting trying to upgrade the homes. There are cases where they will clean it up and then before long we have to give notice again. Mrs. McDonatd said there is the problem of painting and re-painting and the dry grass fire hazard. Mayor Hamilton totd Mrs. McDonald when she sees a place that needs abatement to ca11 City Hall and give them the house number. Mrs. McDonald said she is concerned when she is going door-to-door doing volunteer work that she finds so many children left alt alone. We should all be concerned about this. continued) MR. DUVALL MRS. DOTTIE MC DONALD BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ= peCC065G3 Adjourned Regular Meeting of the Baldwin Park City Council November 25. 1974 Page 10 Mrs. Amos Slater, 4814 North Stancroft Street, referred to Section 2255 Reimbursement for Damage to Property) and asked what personal pro- perty might be involved other than an automobile- City Manager Mocalis said clothing, glasses and personal property. He said we are covered for claims from citizens. In the case of employees, there is no insurance and if he should break his glasses while on City business; the City may reimburse him for the damage. Mrs. Slater asked if it would be costly to insure employees the same as for citizens. City Manager Mocatis said this happens rarely, but the Code provides that should it happen, the Council is authorized to reimburse the employee. It would be much more expensive to have an insur- ance policy than to take care of the occasional items. Mrs. Slater asked if the employee's automobile was covered by insurance. City Manager Mocalis said if an employee was using his own automobile for City business and damage occurred, he would be reimbursed. Any claim for damage has to come before the City Council at an open meeting and it has to be established that it is an appropriate claim. Mrs. Slater referred to Section 3400 Animal Con- trol Ordinance) and asked if there is any way the City can refuse to pay this office because they do not do what they have contracted to do. City Manager Mocalis said the City does have a con- tract with Los Angeles County and the reason the ordinance is in the Code is because we have to adopt the Los Angeles County ordinance as they are doing the enforcement. They have to have one ordinance through the County to cover this. We could refuse to pay them and then they could refuse to take care of the animals. Mrs. Slater said she had repeatedly call the Animal Control people and they have not corrected the pro- blem. City Manager Mocalis said there are only two alter- natives; one is the San Gabriel Humane Society and the other is Los Angeles County. Our City had con- tracted with San Gabriel several years ago and it presented a problem because it meant citizens would have to drive to San Gabriel to pick up the animal. It was better for the City economically, but was inconvenient for the citizens. Councilman King said he had talked to them several times and their comment is that they need more help. He suggested that perhaps a letter to the Board of Supervisors with respect to picking up strays and getting help in this area might be in order. continued) MRS. AMOS SLATER BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ= 1974 11 25 CC MIN(ÌìÒ= peC0065C5 Adjourned Regular Meeting of the Baldwin Park City Council November 25, 1974 Page 12 Mrs. Slater said this would be well and good for Baldwin Park, but what about Irwindale? She said there should be something that can be done. People have the right to be comfortable in their own homes. Mayor Hamilton said he had discussed this with the City Attorney and asked if that group of people would have a legal damage suit against Irwindale and he said it was possible. We have sent tetters to the City of Irwindale and to the District Attor- ney and to Sacramento to no avail. Councilman Gregory said before the Raceway was started. Council had taken up a collection of $25 between them and filed an appeal to Irwindale. She and Mr. Morehead went before the Planning Commission and the City Council to plead this cause, but Irwin- dale did as they pleased. Possibly when summer is here and the noise is greater, we can sign petitions and talk about a citizen's suit. Mr. T. E. Carpenter, 4346 Jerry Avenue, said he had written two letters with his comments and questions. He had not received any comments from Council as to. what they intended to do about them and he wanted to review them to make sure that they weren't cast aside. Councilman Gregory and Mayor Hamilton said the Council had gone through them and Mrs. Zook's com- ments very carefully, such as Sections 3609, 7603, 7606 and 7700 and a lot of them were very good. Mr. Carpenter said it was his understanding that the City Attorney was going to review the letters and he would then give his further opinion. City Manager Mocalis said Mr. Flandrick had said that the letters from the citizens, plus the oral testimony had been given to Council and Council had indicated to the staff that they wanted to change certain things. The City Attorney stated that this had been collated in the minutes and some in a letter from him and he would at the next Council meeting have the amended final Code back to the City Council. The action of the Council when they are through discussing the Code would be to instruct the City Attorney to amend the Code and bring it back to the next regular meeting. If Council was satisfied at that time, they would have second reading. Mr. Carpenter referred to Section 3197 Washing or Polishing Vehicles on a Public Street). He said this was stretching it a little bit to try and te11 the people that they can't wash and polish their automobile in front of their house. Councilman Gregory said it specifies vehicle. She had received a call where a truck and trailer was being washed and the filth and dirt washed down in front of the homes and it caused drainage pro- blems. continued) MRS. SLATER MR. T. E. CARPENTER BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ=peCt06506 Adjourned Regular Meeting of the Baldwin Park November 25, 1974 City Council Page 13 Councilman Waldo said when you polish your car, you have to have a certain amount of shade. He had seen people at the park on Saturday afternoons, the chil- dren were able to play while the man polished his car. This does seem a little tight. Mr. Carpenter said if you don't define the item, you will trap a lot of people through harassment. That is what he is opposed to. This should be defined. City Manager Mocalis said one of the problems of using the street for anything other than parking a car is that it is hazardous. The safety of the people is the prime concern. If a man who is washing his car is not careful of the hose, he could distract a driver by hitting the windshield. Mayor Hamilton said with all of the laws we have today, you couldn't drive from here to E1 Monte without violat- ing some law. You have to use common sense and judg- ment. The law is flexible, but we do need protection. Councilman Gregory said it could work the opposite way also; if it were not in the Code from the business view- point is another kind of harassment. As it is now, it wilt help all people. She was in accord with the way it is written now. Councilman McCaron said there were several items in the Code that could be classified the same as this. They can't pass any half-laws. If it is a nuisance for some people, there is no way to make a determination. The only time it would be enforced would be if there is a complaint made. You have to have the law in order to enforce the complaint. The same applies to noise and drinking in the home. Mr. Carpenter said this is what causes harassment throughout the City. It leaves it wide open for a certain class of people to go ahead and wash cars and others everytime they move a fender, they nail them. You either have got it or you haven't got it and if you put it in, it opens the door for harass- ment. Councilman King said he wanted to leave it in because there is flexibility in the law. Councilman McCaron said some people who park on the streets and put their car on jacks, remove the wheels and what are you going to do, say, no parking on streets". You set certain hours of parking to avoid this situation. When the streetsweeper comes along, the streets can't be swept and people complain about it. One thing leads to another and you have to have something to fall back on when there is a complaint made. Usually the complaint is a substantial com- plaint. If it/is a harassment complaint, that is something else. Mr. Carpenter said this is the type of thing that the people of Baldwin Park don't want. Not only do the neighbors harass individuals, but the City people have done it. Either the wording should be changed or it should be taken out of the Code. continued) MR. CARPENTER BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ=peCOG6^C7 Adjourned Regular Meeting of the Baldwin Park City Council November 25, 1974 Page 14 Councilman McCaron asked Mr. Carpenter to bring in a list of names of the people who are being harassed. If he has a case, it should be properly handled. Councilman Gregory asked Mr, Mocalis to make a note to see if this section should be changed. Mr. Carpenter referred to Section 3600 Intoxication). He said anyone can be annoyed by almost anything, but to be disturbed is another thing. If the wording was changed from annoyance to disturbance or nuisance, it would be a stronger meaning. Councilman King said he would go along with that and Mayor Hamilton said they could change the wording. Councilman McCaron said changing a word would not eliminate what Mr. Carpenter calls, harassment". He said he didn*t know if it would be possible to write a law to cover the points that Mr. Carpenter is trying to cover. If this can't be done property, then we stay with what we have. It can become a technical thing, but they are all based on the same thing. The thing that tempers them is the manner in which they are enforced. If you don't have the law, you have nothing on which to act. He suggested that they take another look at the section and see what can be done about it. Mr. Carpenter referred to Section 3607 Discharging Guns). He said children are going to receive B.B. guns under the Christmas Tree and thought a sentence could be inserted like except for enclosed target areas". This is done all over the country. Councilman King asked if he would rather not have this in the Code and would he shoot a B.B. gun in the basement of his home. Mr. Carpenter said he had fired a 38" or 45" in someone's home who had an enclosed target area and it couldn't be heard outside. According to this law, a person could be arrested for firing a gun in their basement. He said little 22's were fired at carnivals and it is all right. City Manager Mocalis said this ordinance is similar to what other cities have. The problem is if you allow any discharge of firearms within the City, you have broken windshields and plate glass windows. There is just no place for them in the City. Council concurred to leave it as it is. Mr. Carpenter asked what was meant in Section 3612, Automatic Communication Devices). City Manager Mocalis said it had something to do with the public utility commission. He said he would make a note to get the right explanation on this. Mr. Carpenter referred to Section 3811 Rules for Collection of Garbage). He said the garbage col- lection is not supposed to be before 6:00 A.M., but his pickup was around 5:00 A.M. He asked who polices the garbage men. continued) MR. CARPENTER BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ=peAdjourned Regular Meeting of the Baldwin Park City Council C 06508 November 25, 1974 Page 15 City Manager Mocatis said the same thing holds true with Contractors who start work too early. If they start before 6:00 A.M., they have this to fall back on when there is a complaint. Mr. Carpenter referred to the appeals fee cited in Section 5109 and asked that this be checked. Councilman McCaron said every one.of the sections on appeals comes under the consideration of deter- mining the procedure of appeals. Mr. Carpenter referred to Section 6029 Advertising and Signs on Benches). He asked what was a public service announcement to pay $10 for a permit and $65 for the bench for the announcement. City Manager Mocatis said the intent was to pro- hibit any advertising on public benches except for public service announcements. For example, the service clubs, senior citizens or RTD. Anything that would benefit the citizens. Private organi- zations would not be eligible to advertise. Mr. Carpenter referred to Section 6030 Curb Painted House Numbers). He asked what forces people to put house numbers on their houses. City Manager Mocalis said one of the requirements of the Subdivision Map Act provides that when a tract is subdivided that not only must there be a lot number, block number and track number, but the City has the responsibility of assigning street numbers to each parcel and the County Recorder will not accept a tract map unless it has indicated street numbers on it. There is no requirement to put the numbers on the curb. Mr. Carpenter asked how you get the numbers on the house and the curb; you have to have a permit. Mayor Hamilton said you have to get a permit to paint the number on the curb, not on the house. The reason for this is so that they wi11 be a certain size. Mr. Carpenter referred to Section 6420 Driveway Approach). He asked how do the people know what is in the Code in order to install a driveway approach. City Manager Mocatis said it is required that the person who installs a driveway must be a state licensed contractor. He knows he has to get the local regula- tions from the City. This has nothing to do with the districts for curb and gutters. Mr. Carpenter referred to Section 6600 Antenna Tele- vision Systems). He asked why this was in the Code when we are not involved with it. Councilman King said we have a franchise with Theta Cable T.V., but they haven't exercised the franchise. continued) MR. CARPENTER BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ=perns509 Adjourned Regular Meeting of the Baldwin Park City Council November 25, 1974 Page 16 City Manager Mocalis said on December 1, 1971, a franchise was given to Theta Cable T.V. They have spent over $100,000 in buying rights to use Edison poles, etc. We aren't satisfied with the progress they have made, but we can't threaten to cancel the franchise. Mr. Carpenter referred to Section 7000 Uniform Building Code). He asked if setting up a job opera- tion, does the Code call out exactly what they do such as inspection and does it spelt out require- ments City Manager Mocatis said the Uniform Building Code almost exclusively refers to the building official who is the Director of Public Works and in some cases; makes isolated reference to the fire marshall. The Director of Public Works has the responsibility of enforcing the Code and this is called out in the Code, Mr. Carpenter requested that the tetter that goes to people who have been notified of a public nuisance should have a check off to indicate if they want a hearing before the City,Manager or the City Council as the case may be. That covers Sections 7603 to 7608. He thanked the Council for allowing him to speak. Mrs. Amos Stater said this had been one of the best Council meetings she had attended. She thanked the City Council and the City Manager for their patience. She said she hoped that some of the suggestions would be helpful to the Council. Councilman King said he thought that there had been many good comments and he thanked those in the aud- ience who had participated. Mayor Hamilton said there were two people who took a considerable amount of time to go through and research and give suggestions by number. They were Mr. Carpenter and Mrs. Zook. In most cases, a change was made as suggested. It had been helpful to Council. He said he appreciated alt of the time and effort spent on this. Mayor Hamilton said he thought they should instruct the City Attorney to make the changes as suggested and after the changes are made they wilt have second reading. INSTRUCT CITY ATTORNEY TO MAKE CHANGES IN CODE AS SUGGESTED AUTHORIZED. M/S/C: KING/WALDO. There were no objections. Mrs. Regus, 5013 Cutter Street, referred to Section 381t(e). She asked about the limit of 100 pounds if they are going to pick up appliances, etc. Councilman Waldo said he thought this meant in any one container. City Manager Mocatis suggested that they use the words at a weight to be set by resolution of the City Council" after the word service". Changes could be made at any time in the resolution. continued) MR. CARPENTER MRS. AMOS SLATER C. ATTY TO MAKE CODE CHANGES AUTHORIZED BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ=pe006510 Adjourned Regular Meeting of the Baldwin Park City Council November 25, 1974 Page 17 Councilman McCaron said they should check this to make sure of the weight. As there was no further testimony, Mayor Hamilton declared the public hearing closed. 00- AT 11:03 P.M., MEETING WAS ADJOURNED TO WEDNESDAY, NOVEMBER 27, 1974 AT 5:00 P.M. M/S/C: KING/WALDO. 00- PUBLIC HEARING CLOSED ADJOURNED 11:03 P.M. TO 11/27/74 AT 5:00 P.M. THELMA L. BALKUS, CITY CLERK APPROVED: /\)/^^JM^^ 1974 Date of Distribution to City Council: December 4, 1974 Date of Distribution to Departments: December 4, 1974 BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ=peAFFIDAVIT OF POSTING NOTICE STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK THELMA L. BALKUS, being first duly sworn, says and deposes: that I am the duly chosen» qualified and acting City Clerk of the City Council of the City of Baldwin Park; that at a Adjourned Regular Meeting of the City Council of the City of Baldwin Park held November 25 19 74 a said meeting was ordered adjourned to the time and place specified In the Notice of the Adjournment ATTACHED HERETO: that on November 26 19 74 at the hour of 10:00 a,m., I posted a copy of said Notice at a conspicuous place on or near the door of the place at which said meeting of November 25 19 74 was held, 3 THELMA L. BAU(US, CITY CLERK Subscribed and sworn to before me this day of 9 %< 7 A^^ /P7^6^- Motary Pub'lK i and fo^ said County and State BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 25 CC MIN(ÌìÒ=peADJOURNED 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 adjourned regular session at the above place at 7:30 p.m. Councilman King led the salute to the flag. Roll Call: Present: COUNCILMEN GREGORY, KING, MC CARON, WALDO arrived at 7:40 p.m.) AND MAYOR HAMILTON NOVEMBER 25, 1974 7:30 P.M. FLAG SALUTE ROLL CALL Also Present: Also Absent: CITY MANAGER MOCALIS, DIRECTOR OF PUBLIC WORKS LATHROP AND CITY CLERK BALKUS ACTING PLANNING DIRECTOR HALE, FINANCE DIRECTOR DUNCAN, CHIEF OF POLICE ADAMS, ACTING CHIEF OF POLICE HEBERT AND CITY TREASURER CALE CITY TREASURER CALE'S ABSENCE EXCUSED. M/S/C: HAMILTON/GREGORY. 00- AT 11:03 P.M.. COUNCILMAN KING MOVED, WALDO SECONDED, THAT THE CITY COUNCIL ADJOURN TO 5:00 P.M., WEDNESDAY, NOVEMBER 27, 1974, IN THE COUNCIL CHAMBERS, CITY HALL. There were no objections. Carried unanimously. 00- C. TREAS. CALE ABSENCE EXCUSED SLa^ T^^JL^— THELMA L. BALKUS, CITY CLERK DATED: NOVEMBER 26. 1974 TIME: 10:00 A.M. BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 peC006504 Adjourned Regular Meeting of the Baldwin Park City Council November 25, 1974 Page 11 Mayor Hamilton said he had received many complaints about dogs; he has called the Animal Control people and they said they would get out as soon as they could, but we are not getting proper service. Mrs. Slater said they should also tell them that they aren't using their manpower very well. She gave an example where a dog had been quarantined many times for biting people. When the animal people came out after she had called them, they did not pick the dog up, but just informed the people to keep the dog off of the street. Mrs. Slater referred to Sect-ion 3609 Noise) and said the minutes of October 2, 1974 contained the following: This section has been reviewed by District Attorney Busch and he has indicated that this is as good an Ordinance as can be developed. There wilt be hearings to determine whether this section is adequate." She asked if there had been such hearings. City Manager Mocalis said the City Attorney had clarified this at the last meeting and there would be consideration of a noise element in the adoption of a new Zoning Code which is being compiled now. Section 3609 was a stop-gap measure in the meantime. Public hearings will be held before the Planning Commission and the City Council. Councilman King asked if the District Attorney had indicated what decibel level would be harmful or disruptive. City Manager Mocalis said the ordinances which deal with decibels almost always refer to the ambient level which means the level existing at any given point of time. The law in these ordi- nances is violated if the decibels are raised above ambient level. This is a very difficult ordinance to enforce and Mr. Busch had stated that the pro- posed ordinance that Mr. Ftandrick had written was, in his opinion, a more easily enforced ordinance than the League's standard ordinance. Councilman King said the letter regarding the race- way which was handed to Mr. Busch, but his state- ments are a tittle ambiguous in respect to ambient noise. In the Americana Tract area, the ambient level would be approximately 60 db's and no one in his right mind would say it was only about 5 or 6 db's over the ambient level when those people can't even go outdoors. For Mr. Busch not to come to the defense of those people is beyond him. When Mr. Busch says that it is easier to operate in this area than in that area, he finds it difficult to believe. Mayor Hamilton said he had received a copy of the new code from West Covina on this subject and Mr. Flandrick did not think it could be enforced, but it was spelled out very plainly. They have sub- mitted this code with another one to the Planning Commission. They are making a study of them and they will come back with a recommendation of which one should be adopted that can be enforced. continued) MRS. SLATER BIB] 37658-U01 1974-U02 11-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9850-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06