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HomeMy WebLinkAbout1976 06 02 CC MIN1976 06 02 CC MIN(ÌìÏppeINDEX JUNE 2, 1976 Page Invocation Councilman Hamilton Absence of Councilman Blewett Excused Oath of Office Officer Bernard Ojeda Minutes of May 19, 1976 Approved Res. No. 76-41, Claims & Demands Adopted as Amended Public Hearing Z-393 from C-1 and R-1 to R-2 or R-3 4017 to 4111 La Rica 1 4 Mrs. Orozco 3 Tom Colwick 3 Tom Carpenter 3 Public Hearing Closed 3 Ord. No. 732. Amending the Zoning Map of Said City and Rezoning Certain Herein Described Real Property from Zone C-1 and R-1 to Zone R-2 or R-3 Zone Case No. Z-393) Introduced 3 Public Hearing AZC-72 An Amendment of the Baldwin Park Zong Code. Section 9452. Uncertainty of Boundaries" 4 Tom Carpenter Ord. No. 733. Amending Section of the Baldwin Park Zoning Code Re the Uncertainty of Boundaries AZC-72) Introduced 4 Request for Waiver of Sidewalk Requirement Mr. and Mrs. Ernest R. Peraz, 15133 East Nubia Street no action 5 Request for Extension of Time to Construct Drive Approach and Sidewalk Mr. Alfred Gutierrez. 3542 Athot Street no action 5 6 Claim Rose M. Acosta Deny and Refer to Insurance Carrier 6 Resolutions Appointing Members to Planning Commission and Recreation & Parks Commission Table Resolutions to June 16, 1976 6 Budget Amendment Mid-Valley Mental Health Commitment Authorize Transfer of.$10,00 from Unappropriated Reserves to the General Fund 7 Res. No. 76-42. Approving and Accepting the Assignment to Baldwin Park from Manhattan Beach of $360,000 of Federal-Aid Urban Funds Originally Apportioned to Manhattan Beach for FY 1973-74, 1974-75 and 1975-76 Adopted and Mayor and City Clerk Authorized to Execute Contract 7 Property Maintenance Program Consider after Budget Study Hold over Decision on the Ordinance to Amend Municipal Code 8 Sidewalk Stucty Sidewalk Policy Adopted 8 Animal Control Services No action taken 9 Res. No. 76-43, Finding and Determining the Existence of a Nuisance Upon Certain Real Property In the City of Baldwin Park In Violation of Section 7600 of the Baldwin Park Municipal Code Adopted L.A. County Bicentennial Parade Acting City Manager Will Arrange for Mayor Waldo to Ride In Parade 10 Ordinance No. 734, Amending Section 7004 a) of Baldwin Park Municipal Code Relating to Requirements for Installation of Sidewalk Improvements Introduced 10 Oral Connuni cations Michael Dargus re Truck Parking at Moran's & Trip Expenses 10 Ruel Ritchie Request L Turn Pocket on Ramona at Rhodes Lane D.P.W. Will Check Federal Police re Rhodes Lane Becoming Public Street Bess Beverly Request L Turn Pocket on Ramona at Rhodes Lane 11 James Garrow Efficiency of the Humane Society 12 9:45 P.M Meeting Adjourned to Thursday. June 10, 1976, at 7:30 P.M. In the Council Chambers, City Halt. 12 BIB] 37658-U01 1976-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9797-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 06 02 CC MIN(ÌìÏppeCCC J3»7 REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL 14403 East Pacific Avenue The City Council of the City of Baldwin Park mt in regular session at the above place at 7:30 p.m. Councilman Aguilar led the salute to the flag. Invocation was given by Councilman Hamilton. Roll Call: Present: COUNCILMEN AGUILAR, HAMILTON, AND MAYOR WALDO Absent: COUNCILMEN BLEWETT AND KITCHEL Also Present: ACTING CITY MANAGER SEXTON. ACTING CITY ATTORNEY RITCHIE, DIRECTOR OF PUBLIC WORKS LATHROP, DIRECTOR OF PLANNING KILGOUR, FINANCE DIRECTOR HALLOWAY, LIEUTENANT CHELLINO, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS Absent: CHIEF OF POLICE ADAMS ABSENCE OF COWCJLMEN BLEWETT AND KITCHEL EXCUSED. M/S/C: HAMILTON/AGUILAR. There were no objections. June 2. 1976 7:30 P.M. FLAG SALUTE INVOCATION ROLL CALL COUNCILMEN BLEWETT AND KITCHEL ABSENCE EXCUSED 00- City Clerk Balkus administered the Oath of Office to Police Officer Bernard Ojeda. Mayor Waldo presented his badge and congratulated him. 00- MINUTES OF MAY 19. 1976 APPROVED. M/S/C: HAMILTON/AGUILAR There were no objections. 00- City Clerk Balkus read by title: RESOLUTION NO. 76-41. ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK RES.NO. 76-41 ADOPTED AS AMENDED. Delete Warrant 5026 $380.83; add Warrant 5139 $114.30. New Total $147,676.95) M/S/C: HAMILTON/AGUILW. Roll Call. There were no objections 00- City Clerk Balkus administered^ the oath to those desiring to testify during the meeting. 00- It was the time and place fixed for a public hearing on Z-393 An application for a Zone Change from C-1 and R-1 to R-2 or R-3 on properties located from 4017 to 4111 La Rica Avenue. Initiated By: Planning Commission 00- Publications, mailings and postings had been accomplished. There were no written protests. Continued) OATH OF OFFICE OFFICER OJEDA MINUTES OF 5/19/76 APPROVED. RES. NO. 76-41. CLAIMS & DEMANDS 5013. 5052-5133, 5139, PAYROLL 5/2-5/15/76 RES. NO. 76-41 ADOPTED AS AMENDED OATH PUBLIC HEARING Z-393 ZONE CHANGE FROM C-1 AND R-1 TO R-2 OR R-3 4017 TO 4111 LA RICA PUBLICATIONS. POSTINGS & MAILINGS BIB] 37658-U01 1976-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9797-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 06 02 CC MIN(ÌìÏppe0007338 Regular Meeting of the Baldwin Park City Council June 2, 1976 Page 2 Director of Planning Kilgour gave a brief resume of the case. 4019/21/23 are neighborhood commercial and resi- dential and the coinnercial use would require abatement in 1981 with the Zone Chanqe as the lot has mixed usage. He presented maps showing present and proposed zoning. Mayor Waldo declared the Public Hearing open. Fernando Carrasco, 4021 La Rica, represented his parents regarding 4019/21/23 La Rica and he asked how the zone change would affect taxes and land values. Mr. Kilgour said the assessor relates to taxes and value is established by what is on the property, not the zoning. The zoning relates to land use and the General Plan. Mr. Carrasco said the actual value changes when you change zoning. It would have more value under commercial zoning than under Residential zoning. Councilman Hamilton said a zone change does not chanqe the value but the usaqe and development does. Rezoninq did not affect his porperty. Mr. Carrasco felt the property would have more resale value if it was commercially zoned. He was also concerned with the abatement factor of the Barbershop in 1981. This is a family business only. Five years pass quickly and he wanted to be sure there would be no problems for his parents at the end of five years. He asked for clarification of the value change. Mayor Waldo said the could apply for a conditional use permit in 1891 and there should be no problem. Mr. Sexton spoke regarding the effect of zoning on the value and said that improvements on the property to be assessed on the appraisal will determine the difference, if any, between the two uses. Zoning could either up grade or down grade property value depending on the area and the demand for certain usages. In the absence of precise figures it is difficult to come to grips with the question. Mr. Carrasco said he always thought that commercial would be higher. You start out with industrial zoning and work down to residential zoning. Mr. Sexton said in this case the value may be higher. It may work for him either way. It is not possible for Council to make a commitment. In 1981 it wilt come up for review based on its merits and what is going on at that time. Mayor Waldo said the City Attorney had informed him that it would be possible for his parents to come before the Council to ask for a Conditional Use Permit to operate their barber shop 5 years from now or that they could ask for it now to protect them. Mr. Carrasco asked if it would be a variance. Mr. Ritchie said it would be a variance and could extend beyond the abatement period, but this must be done with notice of a public hearing that Mrs. Orozco would have to request. Continued) PUBLIC HEARING OPEN BIB] 37658-U01 1976-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9797-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 06 02 CC MIN(ÌìÏppeGt 339 Regular Meeting of the Baldwin Park City Council June 2. 1976 Page 3 Councilman Hamilton said he has five years before the abatement and sometimes Council will extend this If it is an unreasonable period. He said there was no reason a zone variance could not be granted at that time to continue to operate the barber shop. Mrs. Orozco, 4021 La Rica, said the barber shop is their sole support and felt it should remain there. Mr. Kilgour explained there were 10 properties involved in the zone change. The Planning Commission is trying to develop the General Plan and the zoning ordinance to relate to the uses that will happen there and this neighbor- hood is already developed to a good degree in the direction of multiple family residences. He read a paragraph from the Planning Commission minutes where Chairman Wittig went on record after the public hearing was closed to say that if they felt the abatement period of 1981 is unreasonable, it was the consensus of the Commission that the 5-year abatement period was unreasonable), then a change in the ordinance, allowing commercial and residential mixed, would not be the best way to handle it. They would want to review each case as it came before the Commission. Mr. Kilgour said they would want to consider each case on its own merits regarding the abatement of its use, such as the economic value of the structure and its use and set a reasonable period of time for each individual case. Mr. Ritchie clarified that it can be a variance from the provisions of the zoning ordinance and that the case could be initiated now or wait and take the automatic review that comes at the end of 5 years. The city might take another look at the abatement provisions of their ordinance and not put the property owner to that expense. Tom Cotwick, 3706 North Puente, asked if it was the proposal to change the vacant lot at 4017 La Rica next to the barber shop that is presently being used as a parking lot from C-1 to R-3. Mr. Kilgour said that was correct. Tom Carpenter, 4346 Jerry, opposed Z-393, and said that the variance should be issued now to ease the worry of the property owners. As there was no further testimony in favor of or in opposition to Z-393, Mayor Waldo declared the Public Hearing dosed. City Clerk Batkus read by title: ORDINANCE NO. 732, AMENDING THE ZONING MAP OF SAID CITY AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE C-1 AND R-1 TO ZONE R-2 OR R-3 ZONE CASE NO. Z-393) WAIVE FURTHER READING OF ORDINANCE NO. 732. M/S/C: HAMILTON/AGUILAR. There were no objections. INTRODUCE ORDINANCE NO. 732. There were no objections. M/S/C: HAMILTON/AGUILAR 00- MRS. OROZCO TOM COLWICK TOM CARPENTER PUBLIC HEARING CLOSED ORD. NO. 732, AMENDING THE ZONING MAP OF SAID CITY & REZONING FROM ZONE C-1 & R-1 TO R-2 OR R-3 Z-393) ORD. NO. 732 WAIVE FURTHER READING ORD. NO. 732 INTRODUCED BIB] 37658-U01 1976-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9797-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 06 02 CC MIN(ÌìÏppe0(. 40 Regular Meeting of the Baldwin Park City Council It was the time and place fixed for a public hearing on AZC-72, an amendment to the Zoning Code, Section 9452, Uncertainty of Boundaries." Initiated by the Planning Commission. Publications and postings had been accomplished. There were no written protests. Director of Planning Kilgour stated that administration of the Zoning Code has been hampered by definitions of zone boundaries. This amendment would clarify location of such boundaries. Furthermore, rights-of-way which are presently designated R-1 would be reclassified. This classification will aid the development of contiguous commercial and Industrial^zoned property. Some properties are used for railroad rights-of-way and are not designated on the zoning map with any particular zone. He read from Ordinance Section 9452 which stated that where there are railroad rights-of-way they shall be considered as R-1 zone, and explained that with industrial zone backed up to R-1 zoned land, technically there should be a 20 ft. setback from the railroad for industrial property. There seems to be no need for a setback in the case of rights- of-way of flood control channels. He read the proposed amendment to Section 9452,"Uncertainty of Boundaries," as it was recommended to the Council from the Planning Commission. Mayor Waldo opened the Public Hearing on AZC-72. Tom Carpenter, 4346 Jerry, asked the Planning Director if this had anything to dp with zero lot tines where the railroad runs by Nichols Lumber Company. Mr. Kilgour said this would have the effect of allowing a no set back" in commercial and industrial areas lands adjacent to railroad rights-of-way so that there could be a zero side yard or zero lot line development. The Building Code would then qualify the type of structure that could then be permitted on or adjacent to the property line. Mr. Carpenter said he had been strongly opposed to zero lot lines and feared that this might open the door to more of this use. He felt the proposed amendment should be studied more carefully to see how it affects the residential areas and what the impact might be in putting commercial next to residential areas. Mr. Kilgour clarified that the change in the Zoning Code will not allow commercial or industrial development to be right on the property line adjacent to residentially zoned properties and that a set back will still be required. As there was no further testimony in behalf or in objection to AZC-72, Mayor Waldo declared the Public Hearing closed. City Clerk Balkus read by title: ORDINANCE NO. 733. AMENDING A CERTAIN SECTION OF THE BALDWIN PARK ZONING CODE RELATING TO THE UNCERTAINTY OF BOUNDARIES CASE NO. AZC-72) WAIVE FURTHER READING OF ORDINANCE NO. 733. M/S/C: AGUILAR/HAMILTON. There were no objections June 9 o/o Page 4 PUB. HEARING AZC-72. AN AMENDMENT OF THE B.P. ZONING CODE. SECTION 9452 UNCERTAINTY OF BOUNDARIES" PUBLICATIONS & POSTINGS NO WRITTEN PROTESTS PUB.HEARING OPENED TOM CARPENTER INTRODUCE ORDINANCE NO. 733. There were no objections. M/S/C: AGUILAR/HAMILTON PUB.HEARING CLOSED ORD. NO. 733 AMEND- ING SECTION OF THE B.P.ZONING CODE RE THE UNCERTAINTY OF BOUNDARIES AZC-72) ORD. NO. 733 WAIVE FURTHER READING ORD. NO. 733 INTRODUCED 00- BIB] 37658-U01 1976-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9797-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 06 02 CC MIN(ÌìÏppe Of 341 Regular Meeting of the Baldwin Park City Council June 2, 1976 Paqe 5 Ernest Perez. 15133 Nubia Street, said neiqhbors directly ERNEST PEREZ across the street had more home improvements than he and they had no sidewalk and they were not required by City Halt. 200 meters north of his house there 1s a new home and no sidewalk. He cited other instances in the same block. His construction was handled by Sunset Builders who acquired the permit and they did not advise him of the sidewalk requirement. Mr. Lathrop explained that when a permit was taken out for home improvements the applicant is advised and given a printed list of requirements including side- walks if the valuation exceeds $2500. If a contractor applies he is advised and the staff contacts the property owner by phone personally or by tetter of the requirement. The permit itself states sidewalks are reouired. Mr. Perez said he was not advised by the contractor. If they could afford it they would prefer a fence to sidewalks. He said he had not been contacted by the City. Mr. Lathrop said records indicate that Mr. Perez was contacted May 1, 1976. Mr. Perez said the contract was signed and about a month after the work began, then the inspector came and advised his wife of the sidewalk requirements. Acting City Attorney Ritchie said the code did not provide for any exception if improvement is over $2500. A code amendment would be the only solution. Councilman Hamilton suggested that considering build- ing costs that the City increase home improvements to $5000 before requiring street improvements. Mayor Waldo explained that the sidewalk costs would be about $300. Mr. Perez said he had extended the kitchen 10 feet and the living room 5 feet. He said he could not afford a sidewalk as he had just been back to work for three months. If he had been aware of the requirements, he would have made this a part of his loan. Mr. Ritchie said usually contracts were signed sometime before permits are applied for and the contractor would not be apt to convey this unhappy news. So the City puts the owner on notice after the fact. He questioned whether a code change to $5000 would alleviate this situation. Mr. Lathrop suggested d retroactive proviso. Mr. Ritchie said this was not feasible; however the work is done but there has been no final inspection or certificate of completion. He would prepare an Ordinance for consideration later in the meeting. Mr. Perez has utilities and with no city action at this time there is no problem. 00- Mr. Lathrop explained that on May 1, 1975 Mr. Gutierrez applied for a permit to add 435 square feet of dwelling. 00- BIB] 37658-U01 1976-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9797-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 06 02 CC MIN(ÌìÏppecr 42 Regular Meeting of the Baldwin Park City Council June 2, 1976 Page 6 The permit evaluation was $9,831. Mr. Gutierrez signed the permit statement that improvements over $2500 would require sidewalks and drive approach. At this time he cannot afford the sidewalk and is asking for a time extension. The Code requires improvement installation or posting of a cash bond or an instrument of credit. Some sidewalks are in on the block. Discussion followed regarding removal of a large e1m tree. Mr. Lathrop said that on the Master Plan of parkway trees this species of elm is considered undesirable. The City has been removing these trees as the need arises. Councilman Aguitar expressed concern for a homeowner trying to improve his home who was now unemployed. He felt there should be some relief. Discussion followed that the permit was signed for by the owner and the evaluation was $9,831; that possibly there should be a provision in the Code to grant reasonable extensions, but the present Code has no such provision. Mr. Ritchle said an extension should only be under extreme circumstances. The utilities are in, and remodeling should not be started unless the appli- cant is prepared to conform. There is a waiver provision in the Code, but it does not apply in this instance. An extension could be granted until the tree is removed. Mr. Lathrop said a neighbor of Mr. Gutierrez is presently Installing sidewalk and the tree is being removed. Mr. Ritchie said no Council action would require confonnance with the Code. There was no Council action. 00- DENY CLAIM OF ROSE M. ACOSTA AND REFER TO INSURANCE CARRIER. M/S/C: HAMILTON/AGUILAR. There were no objections. 00- City Clerk Balkus referred to Resolutions appointing members to the Planning Commission and the Recreation & Parks Commission. Councilman Agui'lar and Councilman Hamilton agreed they wanted to talk to people involved before adopting the Resolutions. The appointments are to be made by June 30. Mrs. Balkus said the Planning Commission members had been polled and could serve again, if appointed, but Mr. Hastings, of the Recreation & Parks Commission, would not be able to serve again, due to illness. TABLE RESOLUTIONS APPOINTING MEMBERS TO THE PLANNING COMMISSION AND RECREATION AND PARKS COMMISSION OF BALDWIN PARK TO JUNE 16, 1976. M/S/C: AGUILAR/ HAMILTON. There were no objections. 00- DENY INS. CLAIM ROSE M. ACOSTA REFER TO INS. CARRIER RES. APPOINTING MEMBERS TO P.C. & REC. & PARKS COMMISSION TABLED TO 6/16/76 BIB] 37658-U01 1976-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9797-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 06 02 CC MIN(ÌìÏppeCC 343 Regular Meeting of the Baldwin Park City Council Director of Finance Hatloway referred to an amendment to the budget, transform ng $10,000 from the unappro- priated reserves to meet the commitment to the Mid-Valley Health Council. He explained that the first year the money was given to the Mid-Valley Health Council it was done as an amendment to that budget and was inadvertently not included the following years as a budget item. AUTHORIZE TRANSFER OF $10,000 FROM UNAPPROPRIATED RESERVES TO THE GENERAL FUND. M/S/C: HAMILTON/AGUILAR. Rol1 Call. Ayes: HAMILTON/AGUILAR/WALDO. Counci tmen Blewett and Kitchel were absent. The motion carried. June 2, 1976 Page 7 BUDGET AMENDMENT MID-VALLEY MENTAL HEALTH COMMITMENT OF $10,000 AUTH. TRANSFER OF $10.000 FROM UN- APPROPRIATED RESERVES TO THE GENERAL FUND 00- Director of Public Works Lathrop referred to Federal Aid Urban System Highway Funds and an agreement that the City Council had approved at the last Council Meeting with the City of Manhattan Beach for an exchange of Federal Aid Urban System Highway Funds allocated to that City for Gas Tax Funds allocated to the City of Baldwin Park at the rate of 55i of Gas Tax dollars for each dollar of Federal Aid Urban System Highway Funds. He said that the City of Manhattan Beach has previously entered into this executed agreement and adopted the appropriate Resolution and recommended that the City Council of Baldwin Park authorize the Mayor and City Clerk to sign the agreement on behalf of the City and adopt a Resolution. City Clerk Balkus read by title: RESOLUTION NO. 76-42, APPROVING AND ACCEPTING THE ASSIGNMENT TO THE CITY OF BALDWIN PARK FROM THE CITY OF MANHATTAN BEACH OF $360,000 OF FEDERAL- AID URBAN FUNDS ORIGINALLY APPORTIONED TO THE CITY OF MANHATTAN BEACH FOR FISCAL YEARS 1973-74, 1974-75 and 1975-76. RESOLUTION NO- 76-42 ADOPTED AND FURTHER READING WAIVED AND'MAYOR AND CITY CLERK AUTHORIZED TO EXECUTE CONTRACT. M/S/C: HAMILTON/AGUILAR. There were no objections. RES. NO. 76-42. APPROVING & ACCEPTING THE ASSIGNMENT TO B.P. FROM MANHATTAN BEACH OF $360,000 OF FEDERAL-AID URBAN FUNDS ORIGINALLY APPORTIONED TO MAN- HATTAN BEACH FOR FY 1973-74» 1974-75 & 1975-76 RES. NO. 76-42 ADOPTED & MAYOR & CITY CLERK AUTHORIZED TO EXECUTE CONTRACT 00- Director of Public Works Lathrop referred to the Property Maintenance Program presented at the last Council Meeting. Councilman Hamilton said he had discussed whether the program could be carried out from in-house by buying an automobile, without the cost of $42,000 with Mr. Sexton and that Mr. Sexton had indicated he had found no way to do this. Mr. Sexton said the staffing assignments had been evaluated and carrying out the program to the level indicated was perceived to be impossible unless priorities were changed and personnel reallocated and trained in this specialized area. One person suggested as having skills in these areas would have his effectiveness reduced by adding this burden 00- PROPERTY MAINTENANCE PROGRAM BIB] 37658-U01 1976-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9797-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 06 02 CC MIN(ÌìÏp peCC.344 Regular Meeting of the Baldwin Park City Council June 2. 1976 Page 8 to his efforts. Stop-gap measures are being accomplished on a complaint basis, but there are no selected Code enforcement programs being implemented without further staff and level of funding to enable achieving success in those areas. He said he did not foresee any other approach at this time without the funding to implement the goat with personnel, materials and a car to make it an effective program. Councilman Aguilar was concerned with homeowners who might be told to repair their home and can not afford to do so. He felt if a homeowner gets hurt, the program is not worth it. Councilman Hamilton said it had been agreed at the joint meeting with the Planning Commission that something was needed to improve the situation, but that a budget had not been adopted yet and he was very concerned with the $42,000 cost of an enforcement program. But the City is deteriorating and what other recourse is there? There was discussion about a HUD grant of $150,000, but that it had not been received yet and could not be used for rental properties. It would have to be used on owner occupied properties rather than commercial. Mr. Sexton said that a program was under way that may not meet the desired level expressed by the Planning Commission and City Council, but they are doing the best they can at this time. CONSIDER PROPERTY MAINTENANCE PROGRAM AFTER BUDGET STUDY. M/S/C: AGUILAR/HAMILTON. There were no objections. Director of Public Works Lathrop said the Council has received an Ordinance for consideration that would amend the property maintenance provisions of the Municipal Code and would facilitate the implementation of a property maintenance program whether the additional staffing and equipment is provided, as set forth in this report, or whether it is continued on a stop-gap type of program as presently being implemented. Mayor Waldo said the Council had decided to hold over the decision on the Ordinance. 00- Director of Planning KHgour referred to his report on a policy recommended for approval by the Planning Commission which would establish some directions for the Staff to follow in residential, commercial and industrial areas relating to sidewalk location, width of sidewalk and similar situations. Councilman Hamilton said there were many sidewalks in town less than 5" and asked how this would affect those sidewalks. Mr. Kitgour explained that 4" sidewalks would remain as 4" and that additional sidewalk would match up with equal 4' width, with uniformity which helps the esthetics of the neighborhood. CONSIDER AFTER BUDGET STUDY ORDINANCE RE AMENDING M.C. RELATING TO PUBLIC NUISANCES ORDINANCE HELD OVER SIDEWALK STUDY SIDEWALK POLICY ADOPTED. There were no objections. M/S/C: AGUILAR/HAMILTON SIDEWALK POLICY ADOPTED 00- BIB] 37658-U01 1976-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9797-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 06 02 CC MIN(ÌìÏp peCC 345 Regular Meeting of the Baldwin Park City Council Director of Public Works Lathrop said the latest information regarding animal control concerns action that has been taken by the Contract City's Association of Los Angeles County as a group and by various in- dependent cities within the County to request the Board of Supervisors to continue the present Animal Control Agreement with a11 cities being served, under the existing terms of the Agreement. This would provide the same level of service for collection of license fees, impounds and other charges. The County is being asked to study the new fees and charges that are being proposed during this continuation period, as they apply to cities who wish to continue contract services with the County and to unincorporated areas, and to come up with an appropriate fee schedule. The Board of Supervisors has further been requested to consider the formation of special service districts throughout the County to provide animal control services, if they are desired, whereby everyone in the special service district win pay the same rate. The special district could impose a tax rate or choose to provide services by license fees and impound charges. He said he understood the Board of Supervisors had two very staunch supporters of this request that has been submitted to them and that it is on the agenda for the next Board of Supervisors meeting. The staff recommendation is that the City Council take no action and await the action of the Board of Supervisors. Discussion followed regarding bringing free enterprise into the matter and whether it had ever been tried by selling a franchise to a private company. Refer- ences were made to the experiences of El Monte, Azusa and San Gabriel. Mayor Waldo asked the Assistant City Manager to make a study regarding what Baldwin Park could do to save costs on animal control. Mr. Sexton said the County probably will continue for another year and the approach taken by the Board of Supervisors wilt be analyzed to see what becomes of the study. 00- Assistant City Manager Sexton referred to a Resolution which is an action necessary to formalize the action already taken relative to the Igna trailer court complex. Assistant City Attorney Ritchie read by title: RESOLUTION NO. 76-43, FINDING AND DETERMINING THE EXISTENCE OF A NUISANCE UPON CERTAIN REAL PROPERTY IN THE CITY OF BALDWIN PARK IN VIOLATION OF SECTION 7600 OF THE BALDWIN PARK MUNICIPAL CODE RESOLUTION NO. 76-43 ADOPTED AND FURTHER READING WAIVED. M/S/C: HAMILTON/AGUILAR. There were no objections. 00- June 2, 1976 Page 9 ANIMAL CONTROL SERVICES NO ACTION TAKEN RES. NO. 76-43, FINDING & DETERMINING NUISANCE UPON CERTAIN REAL PROPERTY IN B.P. IN VIOLATION OF SECT. 7600 OF B.P. MUNI. CODE RES. NO. 76-43 ADOPTED BIB] 37658-U01 1976-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9797-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 06 02 CC MIN(ÌìÏp peOCC/ 316 Regular Meeting of the Baldwin Park City Council City Clerk Balkus referred to a request received for participation in the Los Angeles County Bicentennial Parade on July 4th. She stated it had been forwarded to Mr. Hybarger, the Chairman of the Bicentennial Committee, and read his response in full. Letter in official files) He indicated no participation in the All Nation Parade should be attemped, due to summer vacation and holiday absences, and that no financi&l support can be expected for reconstruction of the city float used in the Baldwin Park Days Parade, but suggested that City officials or representatives participate by riding in the parade. He expressed that a news release indicating the intent of the parade should be provided by the City and City recognition be offered to those who are designated as a representative of the City as a participant in the parade. It was suggested that Mayor Waldo participate by riding in the parade. He agreed to do so and asked the Acting City Manager to make the proper response. 00- Acting City Attorney Ritchie read by title: ORDINANCE NO. 734, AMENDING SECTION 7004 a) OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO REQUIREMENTS FOR INSTALLATION OF SIDEWALK IMPROVEMENTS June 2, 1976 Page 10 L.A. COUNTY BICENTENNIAL PARADE A.C.M. WILL ARRANGE FOR MAYOR WALDO TO RIDE IN PARADE ORD. NO. 734, AMENDING SECT. 7004 a) OF B.P. MUNI. CODE RE REQMTS FOR INSTALL- ATION OF S.W. IMPROVE- MENTS He read Section 1, That Section 7004 a) is hereby amended by substituting the sum of $5,000 for the sum of $2,500 where it appears in said section.*' WAIVE FURTHER READING OF ORDINANCE NO. 734. M/S/C: HAMILTON/AGUILAR. There w.ere no objections. INTRODUCE ORDINANCE NO. 734. There were no objections. M/S/C: AGUILAR/HAMILTON 00- ORD. NO. 734 WAIVE FURTHER READING ORD. NO. 734 INTRODUCED Michael Dargus, 13260 E. Francisquito, asked why no citations had been issued to Moran's for violations. He stated that the past weekend 14 trucks were parked on Moran's property, 8 40" semis and 6 30" bulk cement trucks, and that C-1 or C-2 zoning does not call for a truck terminal. Mr. Sexton said the Planning Department has analyzed that problem and asked Mr. Kilgour for results of the study. Mr. Kilgour explained a regulation that indicates that in an R-1 zone, commercial vehicles over 3/4 of a ton may not be parked in any required-yard area of an R-1 zoned property within the City. As long as they did not park the trucks within the 20' setback in the front or the rear or the 5" setback on the side, it is legal and nonenforceable. Mayor Waldo said he understood that the gentleman has posted signs there for no parking but they have been ripped down. Acting City Attorney Ritchie said there is a Vehicle Code Section about posting private property, and if it is continued) MICHAEL DARGUS BIB] 37658-U01 1976-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9797-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 06 02 CC MIN(ÌìÏp 1976 06 02 CC MIN(ÌìÏp peOC; 348 Regular Meeting of the Baldwin Park City Council Councilman Aguilar asked if there was street lighting on Rhodes Lane. Mrs. Beverly said that there was. Councilman Aguilar suggested it might be advisable to dedicate the street, if the neighbors were wilting. Mr. Lathrop stated there would have to be unanimous dedication of right-of-way on the street and agreement to improve the curb, gutters and sidewalks in order for the street to become a public street. Mrs. Beverly stated the paramedics are often called to Rhodes Lane, because of heart patients, and that going down to Barnes Avenue to turn around causes a delay. 00- James Garrow, 1011 North Baldwin Park Blvd., stated that the County Pound was one of the finest he had ever seen and it does cost money to operate it. He was in favor of retaining its services versus those of the San Gabriel Valley Humane Society or the City trying to provide facilities. 00" Councilman Aguilar clarified, in response to Mr. Dargus, that his Washington trip wi11 cost him $444 of his own money to take a week of his vacation not including his fringe benefits), and that he could have done something different with his weekend than to go see a bunch of bureaucrats. He said if the City had worked more on Federal grants they would have more than they now have, and that he had polled the Council relative to his trip. 00- AT 9:45 P.M. THE MEETING ADJOURNED TO THURSDAY. JUNE 10, 1976, AT 7:30 P.M. IN THE COUNCIL CHAMBERS, CITY HALL. M/S/C: HAMILTON/AGUILAR. There were no objections. 00- June 2, 1976 Page 12 JAMES GARROW COUNCILMAN AGUILAR RE TRIP TO WASHINGTON 9:45 P.M. MEETING ADJOURNED TO THURSDAY, 6/10/76 AT 7:30 P.M. APPROVED: /S^A^. THELMA L. BALKUS, CITY CLERK JL^yJ2^ /^ 1976 Date of Distribution to City Council: June 11, 1976 Date of Distribution to Departments: June 11, 1976 BIB] 37658-U01 1976-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9797-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 06 02 CC MIN(ÌìÏppeJUNE 2, 1976 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 place at 7:30 p.m. *•* f Councilman AgutTar led the salute to the flag. Invocation was given by Councilman Hamilton. Roll Call: Present: COUNCILMEN AGUILAR, HAMILTON, AND MAYOR WALDO ACTING CITY MANAGER SEXTON, ACTING CITY ATTORNEY RITCHIE, DIRECTOR OF PUBLIC WORKS LATHROP, DIRECTOR OF PLANNING KILGOUR, FINANCE DIRECTOR HALLOWAY, LIEUTENANT CHELLINO, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS Also Present: Absent: COUNCILMEN BLEWETT AND KITCHEL. AND CHIEF OF POLICE ADAMS 00- AT 9:45 P.M. COUNCILMAN HAMILTON MOVED, AGUILAR SECONDED THAT THE CITY COUNCIL ADJOURN TO THURSDAY, JUNE 10, 1976, AT 7:30 P.M. IN THE COUNCIL CHAMBERS, CITY HALL. There were no objections. Carried unanimously. 00- FLAG SALUTE INVOCATION ROLL CALL ADJOURNED 9:45 P.M. TO THURSDAY, JUNE 10, 1976. AT 7:30 P.M. COUNCIL CHAMBERS T^JL^ THELMA L. BALKUS, CITY CLERK DATED: TIME: JUNE 3, 1976 10:00 A.M. BIB] 37658-U01 1976-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9797-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 peoc; w Regular Meeting of the Baldwin Park City Council June 2, 1976 Page 11 properly posted and the Section cited, the Police Department can enforce it. Mr. Kilgour agreed that this can be accomplished outside the Zoning Code, with cooperation between the property owner and the Police Department, as part of the Vehicle Code, and keeping the area pos'tpd. He'confirmed that some of the conflicting provisions in the Zoning Ordinance are being corrected in the draft revision of the new Zoning Ordinance. Mr. Sexton stated that he had talked to the property owner, Mr. Moran, who had indicated a desire to eliminate the condition and asked for directions from the City after the analysis was completed. Mayor Waldo requested that Mr. Sexton write a tetter to the property owner, informing him of the process under the Vehicle Code. Mr. Ritchie instructed Mr. Sexton to explain to Mr. Moran that he must follow the Vehicle Code language and not buy a sign from the store. Mr. Kilgour said the Police Department is helpful in getting the proper wording on the posting so that it is enforceable. Mr. Dargus was opposed to money being spent on pleasure trips called educational trips." He said it was not necessary to travel to acquire CETA grants and others if forms were filed properly. He was opposed to the money spent on the trip to Washington and asked what is going to be learned from it. Ruet Ritchie, 12916 Ramona Boulevard, said he operates a drive-in restaurant on Ramona Boulevard at Francisquito and has a problem with entrance to his business because of the medians being installed there. It is necessary to go down to Barnes Avenue and make a U" turn to come back to the restaurant and has become a hardship to everyone living in that area. He presented a petition to the City Council to authorize a break in the median strip on Ramona Boulevard, signed by 100% of the citizens on Rhodes Lane. Councilman Aguitar explained that when a similar case on Country Liquor came before the City Council the Council had investigated and found that the City could lose 100% of the federal allocation for the project if the break in the median was permitted. Director of Public Works Lathrop confirmed that this would represent $62,000. Councilman Hamilton felt this was a different situation than the Country Liquor case, as there is no left turn pocket in the median on Ramona Boulevard for access to the 23 homes on Rhodes Lane, even though it is a private street, and that the City shouldn't be penalized by losing the funds. He suggested that Mr. Lathrop check the Federal policy to see if the left turn pocket would be permissable. Bess Beverly, 3736 Rhodes Lane, said all the residents of Rhodes Lane are property owners, with the majority being senior citizens. When they go shopping or take their grandchildren out, they have to go all the way to Barnes and risk the traffic coming off the 605 Freeway. continued) RUEL RITCHIE D.P.W. INVESTIGATE LEFT TURN POCKET BIB] 37658-U01 1976-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9797-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06