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HomeMy WebLinkAbout1978 01 19 CC MIN1978 01 19 CC MIN;¢f4È 1NDE,X_ JANUARY 19, 1978 Invocation Dr. C. S. Lovett, Personal Christianity Chapel Assistant Acting City Attorney Alien Introduced Service Awards Awarded for 20, 15, 10 & 5 Years Resolution No. 78-7, Commending Baldwin Park Roadrunners for Athletic Accomplishment Adopted Consent Calendar Minutes 1/5/78 Treasurer's Report 1/31/77 Resolution No. 78-8, Claims and Demands, Warrant Nos. 9545, 9546, 9547 and 9549, 9632, Payroll 12/11 12/24/77 City Clerk Duties for Recall Action Hatloway) Appointment of Temporary City Engineer French) Concur with Recommendations on Consent Calendar Public Hearing to Confirm Cost on Public Nuisance 77-W-203 Southern Pacific Railroad Right of Way Postings and Mailings Written Protest Southern Pacific Transportation Co.) Walt Asmus, Southern Pacific Railroad in Opposition to Public Nuisance 77-M-203 Public Hearing Closed Resolution No. 78-9, Confirnrng City Manager's Reports re Certain Special Assessments Case No. 77-W-203) Resolution No. 78-9 Adopted Public Hearing Appeal on Parcel Map 943 Appeal on Conditions of Approval Publications and Mailings No Written Protests on Public Hearing Glenn Robinson, Applicant Bob Izetl in Favor of Approval of Parcel Map 943 Joy Robinson in Favor of Approval of Parcel Map 943 A. E. Butterfield in Favor of Approval of Parcel Map 943 Bertha Regus in Favor of Approval of Parcel Map 943 Public Hearing Closed Public Hearing Reopened Public Hearing dosed Continue Public Hearing to February 2, 1978 CP-130 and CP-131 Revocation Appeal on Decision of Planning Commission to Revoke Conditional Use Permits 12819 East Garvey and 12793 East Garvey Avenue Applicant: Eugenie Igna Publications, Postings and Mailings No Written Protests Public Hearing Open William M. Martin, Attorney for Mrs. Igna Continue Public Hearing on CP-130 and CP-131 to February 2, 1978 9:04 P.M. Recess to Executive Session to Discuss Possible Litigation 9:12 P.M. Council Reconvened Ordinance No. 766, Amending Section 2000 of Baldwin Park Municipal Code re Council Meetings Waive Further Reading and Introduce Director of Housing Cunningham re Church Pews Approximately $2,750 Excess City Property Declare Church Pews Excess Property; Authorize Sate Administrative Interpretation of Zoning Code re On Sate Liquor License at Taxco Salcedo Restaurant Requested On Sale Liquor License at Taxco Salcedo, 13127 East Garvey Interpreted as Continuation of BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È Index January 19, 1978 Page Two Nonconforming Atchoholic Beverage and Restaurant Use of the Land In Order to Eliminate any Question of the Validity of Proceedings of January 5, 1978, City Council Approve, Ratify and Confirm Each Action Taken January 5, 1978 Oral Communications John McDonald re Funding for Boy's Club Ralph Smith, Planning Commissioner, re Newspaper Article on Pornography Ordinance and Councilman Hamilton Don Rehmer re Funding for Boy's Club of Baldwin Park Frank Zarate re Funding for Boy's Club of Baldwin Park Mrs. Kennet re Funding for Boy's Club of Baldwin Park Statement Councilman Hamilton 9:43 P.M. Meeting Adjourned BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È 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. An invocation was given by Dr. C. S. Lovett, Personal Christianity Chapel. Councilman Aguitar led the salute to the flag. Roll Call: Present: COUNCILMEN AGUILAR, HAMILTON AND MAYOR BLEWETT JANUARY 19, 1978 7:30 P.M. INVOCATION FLAG SALUTE ROLL CALL Also Present: ACTING CITY MANAGER AND ACTING DIRECTOR OF PUBLIC WORKS SEXTON, ASSISTANT ACTING CITY ATTORNEY ALLEN, DIRECTOR OF PLANNING KILGOUR, CHIEF OF POLICE CHELLINO, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS Absent: DIRECTOR OF FINANCE HALLOWAY Mayor Blewett introduced Assistant Acting City Attorney Mark Alien and stated that Acting City Attorney Flandrick was unable to attend the meeting as he was taking a deposition. EXCUSE DIRECTOR OF FINANCE HALLOWAY. M/S/C: HAMILTON/AGUILAR. There were no objections. 00- Service awards were presented by the City Council to the following employees: ASSISTANT ACTING CITY ATTORNEY ALLEN INTRODUCED EXCUSE i)iRECTOR OF FINANCE HALLOWAY SERVICE AWARDS AWARDED FOR 20, 15, 10 & 5 YRS. Twenty Years: Clint Crawford Public Works Department Fifteen Years: Richard M. Brown Police Department Ten Years: Jim Kuntz Police Department Letand Co11ier Valeric Jewett John Marron Public Works Department Public Works Department Public Works Department Five Years: Marian Warren City Clerk Department Edwin 1 ko Vincent Moreno Shirtey Chi Ids David De Luca Steve Eargte Randy Zink P1<"inni n'g Comnii s'.ion Planning Commission Pol ice DPp<'irt!iK'nt Police Department Police Department Police Department Encarnacion Cahrera Margaret Kaptan Robert Rugroden Public Works Department Public Works Department Public Works Department GO- RESOLUTION NO. 78-7, COMMENDING THE BALDWIN PARK ROADRUNNERS FOR THEIR ATHLETIC ACCOMPLISHMENT WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 7K-7. M/S/C: HAMILTON/AGUILAR. There were no nb.-iections continjod^ RES. NO. 78-7 COMMENDING B.P. ROADRUNNERS FOR ATHLETIC ACCOMPLISHMENT RES. NO. 78-7 ADOPTED BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È Regular Meeting of the Baldwin Park City Council January 19, 1978 Page 2 Mayor Btewett read the Resolution in full and presented it to members of the Baldwin Park Roadrunners who were present: Bob Rock, President, Janet Rock, Treasurer, Mike Sheehan, Coach, Joe Garcia, Assistant Coach, Joyce Garcia and Bruce Snyder, Board Members, Bummy Garc-ia, Quarterback, and Irene Sheehan, wife of Coach Sheehan. 00- City Clerk Batkus presented the Consent Calendar: 1. Approval of Minutes of January 5, 1978 2. Receive and File Treasurer's Report of December 31, 1977 3. Waive Further Reading and Adopt RESOLUTION NO. 78-8 ALLLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Approve Authorization of City Clerk Duties for Recall Action 5. Approve Appointment of Temporary City Engineer Dwight F. French Urban Engineering) CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR. M/S/C: AGUILAR/HAMILTON. Roll Call. There were no objections. 00' It was the time and place fixed for a public hearing to confirm cost on Public Nuisance 77-W-203 Southern Pacific Railroad Right of Way, along Ramona Boulevard from La Rica Avenue to City Limits Continued from January 5, 1978) Postings and mailings had been accomplished. Written protest in official files. S. Pacific Transportation Co Mayor Btewett declared the public hearing open. Director of Housing Cunningham stated that in September complaints of weeds and trash along the Southern Pacific right of way had been received but cleanup had not been effected following contact with the roadmaster by numerous phone calls and tetters. The City had not been informed that the cleanup responsibility had been turned over to the County with cost being put on tax records. In November, after this was discovered, Mr. Calecchia, Los Angeles County weed abatement official, had been contacted many times and finally given a deadline of November 17 before the City would contract someone to clean up the right of way. At this time the county weed abatement crew made a partial cleanup and burned a few weeds. He referred to pictures which he said dearly showed that the job had not been completed and stated that both the Southern Pacific Railroad and the County had been fold that if the job wasn't done, the City would hire a contractor to dear the right of way. When the work was not completed, the City contracted to have the area cleared. He referred to the before" and after" pictures presented to Council. He said the original bid received for clearing continued) CONSENT CALENDAR MINUTES 1/5/78 TREASURER'S REPORT 1/31/77 RES. NO. 78-8 CLAIMS & DEMANDS, WARRANT NOS. 9545, 9546, 9547 & 9549 9632, PAYROLL 12/11 12/24/77 CITY CLERK DUTIES FOR RECALL ACTION HALLOWAY) APPOINTMENT OF TEMP. CITY ENGR. FRENCH) CONCUR WITH RECOMMEND- ATIONS ON CONSENT CALENDAR PUBLIC HEARING TO CONFIRM COST ON PUBLIC NUISANCE 77-W-203 SOUTHERN PACIFIC R.R. RIGHT OF WAY POSTINGS & MAILINGS WRITTEN PROTEST S.P.) PUBLIC HEARING OPENED BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È Regular Meeting of the Baldwin Park City Council January 19, 1978 Page 3 the area was for $3032, w-ith a second hid of $1650 after the county had partially cleared the right of way. This was what had been i1d to the contractor, plus adnhn istr<itivt' costs of $125 charged to Southern Pacific Railroad for processing. He requested that the actions of the Staff be upheld and that the cost be confirmed against the Southern Pacific Railroad. Watt Asmus, assistant engineer working for the Southern Pacific, stated that he had received a resolution declaring their right of way a public nuisance dated September 23, 1977 when he returned from vacation on October 3, 1977. He had informed the City Staff that the County Agricultural Commissioner's office was responsible for weed abatement within the city limits of Baldwin Park and that the West Covina office had agreed to take care of the weed abatement. They had allowed the weeds to dry as they had a permit to burn them and had inspected the right of way on November 18, 1977, the same day he had the weed spray department spray this same area. He said they felt that the contractors the Agricultural Commissioner's office had hired had done an efficient job and were perturbed when they received notice of the hearing to confirm the cost of $1650 for hiring a contractor for the City to abate the nuisance in addition to $125 administrative costs for processing it. The various departments involved had said they would be witting to testify before the City Council of Baldwin Park that they had removed the weeds and fire hazards. He stated that pictures shown him by Mr. Cunningham had been taken before the cleanup work done by the Agricultural Commissioner's office on November 18. He said he understood that the City had told their contractor, Mr. Salinas, to go to work the same day that the Agricultural Commissioner's contractor was effecting their final cleanup. He asked why such a short period of time was allowed between then and November 22 when Mr. Satinas started the cleanup for the City. Mr. Salinas had totd him that the work limits of the project extended to the 605 Freeway but was unable to te11 him to what area the work had been limited. Mayor Btewett asked Mr. Asmus on which dates the crew had effected the cleanup. Mr. Asmus said, October 19 and November 18, 1977. He stated that Mr. Salinas fold him he had submitted an original bid in October for about $3200 and an amended bid on November 22 and that he had not been totd where the boundary tine was, nor had any Baldwin Park employees checked with his crew or told him to stop at the City limits. Upon examination, Mr. Asmus had found that Mr. Salinas and his crew had proceeded to work into the City of Irwindate for a considerable distance and charged the City of Baldwin Park. He stated that if his office or the Agricultural Commissioner's office had been notified they could have effected the cleanup for less than Mr. Salinas charged. Mayor Btewett stated that the Southern Pacific Railroad had been notified promptly because / 4- \ WALT ASMUS, SOUTHERN PACIFIC RAILROAD IN OPPOSTION TO PUBLIC NUISANCE 77-W-203 BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È Regular Meeting of the Baldwin Park City Council January 19, 1978 Page 4 the owners of the property were responsible for weed abatement. Mr. Asmus stated that the Southern Pacific Railroad had been charged for work in a location where the City Council did not have jurisdiction. Mr. Cunningham stated that the area within the City of Irwindate had been cleaned prior to this incident and that Mr. Salinas had been a resident of Baldwin Park for years and had performed cleanup for the City for four years and was aware of where the City limits and right of way were. Assistant Acting City Attorney Alien asked Mr. Cunningham's opinion on whether $1600 was a reasonable charge for Mr. Satinas's work Mr. Cunningham said it seemed a fair and reasonable bid as it had been cut in half from what he had planned to charge before the County did the work. He stated that the City inspector had taken pictures both before and after and had verified the work done and the materials used. Mr. Alien recommended that the Council receive in evidence the pictures that had been taken. Mr. Asmus said that the statements of Mr. Satinas were a contradiction, as he had stated that he had not been under the supervision of any City employee and that he did not know where the city limits were. He reiterated his previous statements that the City did not have the right to ask him to go into the City of Irwindale and that if they had been contacted they would have been able to effect cleanup at a lesser cost. Councilman Hamilton called for a point of order and requested that Mr. Asmus present any new testimony, if any, to the Council. As there was no further testimony either in favor of or in opposition to Public Nuisance 77-W-203, Mayor Btewett declared the public hearing closed. Councilman Hamilton referred to pictures taken on November 22 and said the nuisance did not appear to be abated. He asked if the Southern Pacific Railroad Company had been notified whether the work was unsatis- factory and said he understood they had been. Acting City Manager Sexton stated that the public nuisance procedure had been followed and that perhaps this would not have happened had the Railroad or the Agricultural Commiss- ioner's office responded to phone calls. City Clerk Balkus read by title: RESOLUTION NO. 78-9, CONFIRMING THE CITY MANAGER'S REPORTS REGARDING CERTAIN SPECIAL ASSESSMENTS CASE NO. 77-W-203) continued) PUBLIC HEARING CLOSED RES. NO. 78-9, CONFIRMING CITY MANAGER'S REPORTS RE CERTAIN SPECIAL ASSESSMENTS 77-W-203) BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È  Regular Meetinq of the Baldwin Park City Council WAIVE FURTHLR RLAi);N(i i\h[) ADOPT RESOLUTION NO. 78-9. M/S/C: AGUILAR/HAMILTON. Roll Call. There were no objections. 00- It was the time and plac.^ 1 i KOIJ for a public hearing on an Appeal on Pa reel Map 043 an Appeal on the ondilions of approval of Parcel Map No, 943 for property located at 470.° Walnut Street Owner: r^tenn and Joy S. Robinson. Proper publications and mat lings had been accompli shoo. There were no written protests on the pub11c hearing. Director of Planninq Kilqour refprred to information in his sUff rpporl and stated that the staff recommendnl denial of the request for appeal hosed on creation of an easement lot and rear inn of two lots sub- standard in si;?'p- Mayor i^lewpf! i)f'U<it \\ f.h'- p^bli' hearinq open. Glenn Robinson, 4/0.'' l^hnjt Street, thp applicant, stated he hail been rynq do something with his pro[)erty sim/o Auqust I'^f that Mr- Ki'lgour had stated that his lot i ze was under size al though lots at 1 ovpr thi^ Li ty were sniril ler than his. The City wanted 30 ft. from the back of his lot for a street which would dead end at both ends and would make his lot undersize, he said he was asking for nothing different than what was on both sides of his property and a11 over the city. The property was in a mixed area with rentals and private homes wi thi n the block. He stated that the property had been vacant for years and that the City was losing tax dollars by not giving an incentive to build on these large lots. He had paid hi", fees and written letters to the Planninq Hepartmpnt but no action had been taken, Ho st.ifpd that he did not feet lie should he pen a 1} /ed one buitdinq silo i'i^ ns(1 w^s willing to give the Citv W fi^'' t his property for the street wirioni nq. Ho said In s fami 1y would tie oc-cupyinq the nouses he wished to build and there would only be one owner. He was asking for hinlduiq permit to build two houses r the same configuration and square footage \' oth^i houses on Walnut Street and mciny ot^er streets which he listed. He requested that the Council look for a logical way to develop this vacant property for the best and highest use without delay. Bob Izell, 381^ Athut said lie realized the 1aws had been Lhnn"cd, hut it was hard to te11 someone t hry cou'dn't do the same things others had done next to him. He suggested sending Ihf Appeal back to Mr. Kilgour to work something out such as one house being under the deep lot ordin- ance or planned unit development. continued) January 19, 1978 Page 5 RES. NO. 78-9 ADOPTED PUBLIC HEARING APPEAL ON PARCEL MAP 943 APPEAL ON CONDITIONS OF APPROVAL PUBLICATIONS, POST- INGS & MAILINGS NO WRITTEN PROTESTS ON PUBLIC HEARING PUBLIC HEARING OPEN GLENN ROBINSON, APPLICANT BOB IZELL IN FAVOR OF APPROVAL OF PARCEL MAP 943 BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È Regular Meeting of the Baldwin Park City Council January 19, 1978 Page 6 Joy Robinson, 4708 Walnut Street, stated that she had read that some of the new Fiesta Homes were on less than 6000 sq. ft. lots and asked why an individual couldn't have the same leeway as a developer. A. E. Butterfield, neighbor of Mr. Robinson's, stated that he had seen houses developed on one side and the other and that the land had been vacant a long time and he would like to see it developed. Bertha Regus, 5013 Cutler Street, spoke in favor of seeing Mr. Robinson's property developed. She said when it was vacant it was easy to tres- pass and that if developed, it would bring taxes to the City and would make someone a beautiful home. As there was no further testimony either in favor of or in opposition to the Appeal on Parcel Map 943, Mayor Blewett declared the public hearing closed. Mayor Blewett stated that he had owned property at 4648 Walnut Street within 300 feet of Mr. Robinson's property but escrow had been closed and he no longer had a vested financial interest so the City Attorney had ruled that he could vote on the issue. Councilman Hamilton stated that Council had had trouble in the past with lot splits where there was more than one ownership and only one driveway and therefore he would not vote for a lot split. He said he did not agree that the lots must be 6000 square feet and Mr. Robinson had said it would a11 be under one ownership. Assistant Acting City Attorney Alien said that a parcel map was a lot split and that Mr. Robinson would be empowered to sell to others if he had the parcel map. Mr. Kitgour confirmed that under the current R-1 regulation only one house can be built on one lot and the deep lot ordinance applied to a large lot and not just an individual lot. There was enough land to create two lots but there was a question about a second house. Council discussion followed regarding the dedication of 30 feet of land to the City resulting in making Mr. Robinson's lots undersize. Councilman Aguilar suggested that the matter go back to the Planning Department for them to work something out. Mayor Blewett stated that living on easements was unsatisfactory and that it was a bad practice. Mr. Kilgour suggested that Mr. Robinson set Parcel 2 aside as a separate parcel and have Parcel 1 and 2 as basically one lot. He said he could attach to his existing house or build a guest house which could not include a kitchen. He said the deep lot regulations pertained to 280 300 ft. deep lots that did not have access continued) A. E. BUTTERFIELD IN FAVOR OF APPROVAL OF PARCEL MAP 943 BERTHA REGUS IN FAVOR OF APPROVAL OF PARCEL MAP 943 PUBLIC HEARING CLOSED BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È Regular Meeting of the Baldwin Park City Council January 19, 1978 Page 7 at the rear to another street and would be a unique circumstance. Mayor Blewett declared the public hearing reopened. PUBLIC HEARING REOPENED Councilman Hamilton asked Mr. Robinson if he could build on lots 2 and 3 without a lot split if Council granted him a permit to build. Mr. Robinson stated this had been his initial request but he had been told that a lot split was necessary. Mr. Alien stated that the Ordinance says that Mr. Robinson cannot deal with this as a use variance and can't build more than one house on one lot and that the only way to accomplish building three houses on the property was to obtain a lot split. He stated that Council would be unable to approve three houses on one lot at this proceeding as it was an application for a lot split. Councilman Hamilton questioned the possibility of R-2 zoning, saying he would like to see this land development settled. Councilman Aguitar concurred. Mr. Kilgour stated that this area was designated as single family so this would be contrary to the General Plan and would be spot zoning. Mr. Alien stated that the Council could amend the General Plan or amend the Zoning Code so that there could be more buildings on this lot and other lots in the area. Mr. Kilgour said there were alternatives to be considered such as a variance; driveway width with fee ownership of the driveway for the owner of Parcel 2; and lot sizes. Mr. Robinson stated that he had almost 30 ft. wide driveway width and that emergency equipment would have access from two entrances. He said something must be done with this land; otherwise it wi11 just lay there. Bob Izell, 3812 Athol. suggested that Lot 1 and 2 be used to build two houses under a variance and that a lot split be allowed on Lot 3. There would be one house in back and two up front under one ownership. Mayor Blewett declared the public hearing closed. CARRY PUBLIC HEARING ON APPEAL ON PARCEL MAP 943 OVER TO FEBRUARY 2, 1978. M/S/C: AGUILAR/HAMILTON. There were no objections. 00- It was the time and place fixed for a public hearing on CP-130 Revocation and CP-131 Revocation An Appeal on the decision of the Planning Commission to revoke Conditional Use Permits to operate trailer parks at 12819 East Garvey Avenue and 12793 East Garvey Avenue Applicant: Eugenia Igna, by Virgil R. F. Igna, Attorney in Fact Publications, postings and mailings had been accomplished. continued) PUBLIC HEARING CLOSED CONTINUE PUBLIC HEAR- ING TO 2/2/78 CP-130 & CP-131 REVOCATION APPEAL ON DECISION OF PLAN- NING COMMISSION TO REVOKE CONDITIONAL USE PERMITS 12819 E. GARVEY & 12793 E. GARVEY AVE. APPLICANT: E. IGNA PUBLICATIONS, POST- INGS & MAILINGS BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È Regular Meeting of the Baldwin Park City Council January 19, 1978 Pa'-ie 8 There were no written protests. Mayor Btev/ett declared the public hearing open. William M. Martin, 1500 West Covina Parkway, Suite No. 108, West Covina, referred to his previous motion for continuance of the public hearing and said he wished to propose a brief argument to the Council. Mayor Btewett requested that Attorney Martin confine himself to the motion for continuance and not discuss the issues until the hearing. Attorney Martin stated that there had been a great failure of communication and coordination between the past Council and the landlord and there were now seven different causes of action on the property. He stated it wasn't easy for one person to control about 200 persons from acts of maliciousness and vandalism and likened it to a counsellor at a youth camp. He said it was impossible to watch that many people. He stated that the police seem to come by at an average of more than once a day. He requested that they be allowed to present alternate affirm- ative plans at the February 2 Council Meeting to be sent to the Planning Department for further study if they have merit. If the plans did not have merit, they would proceed on February 2 or preferably February 16. He requested a continuance unfit at least February 2 to have adequate time for preparation and counsel to Mrs. Igna. Mayor Btewett stated that he had no objections to continuance unfit February 2, but that it was not for affirmative plans to remedy the situation, but the hearing was regarding revocation of conditional use permits. Councilman Aguitar said he was witling to extend the hearing to February 2. He stated it was the conditional use permit that was on the agenda. Councilman Hamilton stated that Mrs. Igna's cases had been before the Council many times and he did not want it extended any further than a continuance to February 2. Mrs. Igna, 12819 East Garvey, applicant, stated that she had a tape recording of the City's statement that people could stay there three or four years without paying rent and that now she intended to sue individually. She stated she had cleaned her places and had had 39 fires in two years. Attorney Martin recited a quote regarding always having the poor and said they were going to have a place to live commensurate with their income. CONTINUE PUBLIC HEARING ON CP-130 AND CP-131 TO FEBRUARY 2. 1978. M/S/C: AGUILAR/HAMILTON. THERE WERE NO OBJECTIONS. 00- AT 9:04 P.M. COUNCIL RECESSED TO EXECUTIVE SESSION TO DISCUSS POSSIBLE LITIGATION IN WHICH THE CITY MAY BE INVOLVED. M/S/C: AGUILAR/BLEWETT. There were no objections. continued) NO WRITTEN PROTESTS PUBLIC HEARING OPEN WM. M. MARTIN, ATTY. FOR MRS. IGNA CONT. PUBLIC HEARING ON CP-130 & CP-131 TO 2/2/78 9:04 P.M. RECESS TO EXEC. SESSION TO DISCUSS POSSIBLE LITIGATION BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È Regular Meeting of the Baldwin Park City Council At 9:12 P.M. Council reconvened. Roil Call was the sdinc as at the beginning of the meeting. Mayor Blewett stated that no action had been taken in the Executive Session. 00- January 19, 1978 Page 9 9:12 P.M. COUNCIL RL'CONVENHJ City Clerk Batkus read by title: ORDINANCE NO. 766, AMENDING SECTION 2000 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO COUNCIL MEETINGS Mayor Blewett stated that the Council Meeting normally scheduled for February 16 would be scheduled on February 15. Assistant City Attorney Alien stated that Council should adjourn the February 2 Council Meeting then to February 15. Mayor Blewett stated that this Ordinance would effectively change the City Council meetings from Thursday to Wednesday evenings. WAIVE FURTHER READING OF ORDINANCE NO. 766. M/S/C: HAMILTON/AGUILAR. There were no objections. INTRODUCE ORDINANCE NO. 766. M/S/C: HAMILTON/ AGUILAR. Roll Ca11. There were no objections. 00- Director of Housing Cunningham referred to pews from the former church which was now the Community Center. He stated that they were asking for authority to declare the church pews excess City property so that they could be sold. DECLARE CHURCH PEWS EXCESS CITY PROPERTY AND AUTHORIZE THEIR SALE. M/S/C; AGUILAR/HAMILTON. There were no objections. 00- Director of Planning Kilgour referred to information in his staff report relative to the administrative interpretation of the Zoning Code relative to Taxco Salcedo restaurant, 13127 East Garvey. He said that Staff had recommended that Council administrative interpretation be worded so that the on sate liquor license requested was interpreted as a continuation of the nonconforming atchoholic beverage and restaurant use of the land. ORD. NO. 766, AMEND- ING SECTION 2000 OF B.P. MUNICIPAL CODE RE COUNCIL MEETINGS ORD. NO. 766 WAIVE FURTHER READING ORD. NO. 766 INTRODUCED DIR. OF HOUSING CUNNINGHAM RE CHURCH PEWS APPROMIMATELY $2,750 EXCESS CITY PROPERTY DECLARE CHURCH PEWS EXCESS PROPERTY; AUTHORIZE SALE ADMINISTRATIVE INTER- PRETATION OF ZONING CODE RE ON SALE LIQUOR LICENSE AT TAXCO SALCEDO RESTAURANT THE REQUESTED ON SALE LIQUOR LICENSE AT 13127 EAST GARVEY AVENUE IS HEREBY INTERPRETED AS A CONTINUATION OF THE NONCONFORMING ALCHOHOLIC BEVERAGE AND RESTAURANT USE OF THE LAND TAXCO SALCEDO RESTAURANT. M/S/C: AGUILAR/ HAMILTON. Ro11 Ca11. There were no objections 00- REQUESTED ON SALE LIQUOR LICENSE AT TAXCO SALCEDO, 13127 E. GARVEY INTERPRET- ED AS CONTINUATION OF NONCONFORMING ALCHOHOLIC BEVERAGE & RESTAURANT USE OF THE LAND. BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È 1978 01 19 CC MIN;¢f4È Regular Meeting of the Baldwin Park City Council January 19, 1978 Page 11 Mr. Smith stated that he was the one who had seconded the proposal. Mayor Blewett said they had voted unanimously one way and then made statements another way. He said he had not heard Mr. Smith protest what Mr. Moreno had said. He respected Mr. Moreno1s right to his opinion and also Mr. Aguilar's right to his opinion. Mr. Smith stated that he resented the accusation that the entire Planning Commission was of the opinion that the Ordinance was wrong. He then quoted from the January 19 Tribune, Councilman Aguilar said he was upset about statements made by Moreno concerning Councilman Hamilton." Mr. Smith said he didn't condone or defend anyone except himself. He said Councilman Aguilar had said that Mr. Moreno had inquired whether it would be legal for Hamilton, Aguilar and Blewett to appoint someone to replace Hamilton and then have Hamilton resigr. Councilman Aguilar had said that although he and Council- man Hamilton did not agree politically, it was a shame to see him harassed by the Planning Commission when he was down sick" and that you can't nail a man when he's down." Mr. Moreno had also said prior to this statement that the Herald-Press had made a statement that Councilman Hamilton's doctor had ordered him not to appear at the Council Meetings. This had been said also on the tape. Councilman Aguilar said he did not agree with Councilman Hamilton politically but that when a man was down he would stand up for him. Mr. Smith said that the statement had not been made as an attack, but only because of what the paper had said about Councilman Hamilton not attending meetings and that that would have left the Council with two members. Councilman Aguilar said that it was the function of the Planning Commission to took over the land and see the land use but they did not have the right to make administrative decisions. Their job was set by the state. He said they did not attack the Planning Commission but did overrule them sometimes when they were wrong. He cited the times when the Jet Room wanted to expand and a man wanted to come in and build 42 homes and the Council had overruled the Planning Commission. Mr. Smith reiterated that the statement had not been an attack upon Councilman Hamilton, but merely an inquiry as to what could be done if Councilman Hamilton could not attend any further meetings. Councilman Aguilar said that Mayor Blewett had said, don't get mad, get even." Mr. Smith said that if Councilman Aguilar would look back over some of the situations that he had said the Council overruled, he would find that he had voted nay" on them. Councilman Aguilar said that when he said continued) BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È Regular Meeting of the Baldwin Park City Council January 19, 1978 Page 12 Planning Commission, he meant the Planning Commission as a whole. Mr. Smith stated that he had felt that it was an affront to him as a Commissioner. He said he did not vote to please anybody, but voted his conscience. Mayor Blewett stated that he believed the Planning Commission had an absolute right to their feelings, but that the Council had their duty, by right of state law, to exercise authority and overturn their decisions and that there should be no hard feelings but just do what was right. 00- Don Rehmer, resident of Baldwin Park and operator of the television shop at 4325 North Maine, spoke of the importance of the Boy's Club in Baldwin Park and asked for the Council's consideration on the proposal presented to the Council. He said he would be glad to answer any questions at the next Council Meeting. Councilman Aguitar requested that the Acting City Attorney be furnished a copy of the proposal. 00" Frank Zarate, 1748 North Halinor, said he was on the Board of Directors of the Boy's Club at one time and asked that the Council take the proposal for their funding into consideration. 00" Mrs. Kennet, resident of Baldwin Park, said she had been involved with the Little League and had a son who was an active member of the Boy's Club and who had asked her to come and speak in favor of Mr. McDonald's proposal. She asked the Council's consideration of the proposal. 00- Councilman Hamilton said he wanted to make a statement to clarify rumors and what had been in the newspaper. He had had extensive surgery a month ago and had been in intensive care for four days, but was now improving. He had suffered a collapsed lung that wouldn't heal without surgery. His doctor had recom- mended that he do anything he felt like doing without exerting himself. He said the statement published by the Herald-Press that the doctor had recom- mended that he not attend Council Meet- ings was not true. He had not attended the last Council Meeting because he did not feel able to and the Council had come to his home and they had voted on important issues so that people could be paid. The doctor had told him he would feel better than before as long as he remained a non-smoker so he hadn't r'rm'l-i miorO DON REHMER RE FUNDING FOR BOY'S CLUB OF BALDWIN PARK FRANK ZARATE RE FUNDING FOR BOY'S CLUB OF BALDWIN PARK MRS. KENNET RE FUNDING FOR BOY'S CLUB OF BALDWIN PARK STATEMENT COUNCILMAN HAMILTON BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È  CITY OF BALDWIN PARK BID OPENING INTERIOR ARTWORK BALDWIN PARK PUBLIC SERVICES BUILDING JANUARY 30, 1978 2:30 P.M. CITY HALL COUNCIL CHAMBERS Kathrin Watowit Up Against the Watt 10405 Louisiana Ave.Suite 10 Los Angeles 90025 Total Bid Lichty Photomurals 1032 South Grand Ave Los Angeles. 90015 Total Bid Bruce A. Ewen 740 N. Edinburgh N West Hollywood 90046 Total Bid Art Connection 8407 Met rose Place Los Angeles 90069 Total Bid Package A: POSTERS, PRINTS. TAPESTRIES $ 3,247.62 $ 4.094.78 Package B: HISTORICAL PHOTOGRAPHS $ 2.138.38 $ 4,386.81 Package C: FRAMING $ 3,350.09 $ 5.486.36 Package D: INSTALLATION $ 183.00 Continued on page 2) BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È CITY OF BALDWIN PARK BID OPENING INTERIOR ARTWORK PAGE 2 JANUARY 30, 1978 Art Posters, Ltd. 8211 Met rose Avenue Los Angeles 90046 Bob 01 son Photo 7775 Beverly Los Angeles 90036 Art Services 8221 Met rose Avenue Los Angeles 90046 Total Bid Total Bid Total Bid $ 4,980.00 Package A: POSTERS, PRINTS, TAPESTRIES Package B: HISTORICAL PHOTOGRAPHS $ 2,971.04 Package C: FRAMING $ 5,648.18 $ 5,713.68 Revised Package D: INSTALLATION I, THELMA L. BALKUS, CITY CLERK of the City of Baldwin Park, do hereby certify that I opened the foregoing bids in the Council Chambers of the City Halt at 2:30 p.m., January 30. 1978, in the presence of Director of Finance Haltoway, D-irector of Housina Cunninqham and Sue Witson, Ford/Witson Partnership Interior Design. c^ 5" THELMA L. BALKUS. CITY CLERK BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È Regular Meeting of the Baldwin Park City Council January 19, 1978 Page 13 had a icjdrottc for oru? month cind two d<Tys. He said he appreciated the cards received from constituents and friends. He stated that if at any time he felt he could not function as a Councilman, he would resign as he would not do anything to hinder the progress of the City or to injure his health. He said his term would be up in March and that he had not planned to run again, even before his illness. He had figured that in 9 years and seven months he may have missed five Council Meetings so was not ashamed of his record of attending Council Meetings. He said that no individual should stand in the way of the business of Baldwin Park and that he appreciated the people of Baldwin Park giving him the privilege of serving on the Council for alt these years. He stated that the doctor had said he didn't know what had caused the illness. Mayor Blewett stated that they were alt grateful to have Councilman Hamilton back and that if he missed any more Council Meetings they would be sure to dock his pay." He said he thought that missing five Council Meetings in ten years was a good record. With the concurrence of the Council he directed the Acting City Manager and Acting City Attorney to get together with the representatives of the Boy's Club to present methods and a prelim- inary approach to solve the problem by the February 2 meeting. He said he wanted to thank everybody for attending and asked everyone who was a candidate for the office of member of the City Council to stand so that everyone could see them and suggested that everyone get acquainted. AT 9:43 P.M. THE MEETING ADJOURNED. M/S/C: AGUILAR/HAMILTON. There were no objections. 00- 9:43 P.M. MEETING ADJOURNED S^^-^ THELMA L. BALKUS, CITY CLERK APPROVED: J.-^<^^^ 1978 Date of Distribution to City Council: January 27, 1978 Date of Distribution to Departments: January 27, 1978 /^A.0^^^ BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 01 19 CC MIN;¢f4È REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL, CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue JANUARY 19, 1978 7:30 P.M. The City Council of the City of Baldwin Park met in regular session at the above place at 7:30 p.m. An invocation was given by Dr. C. S. Lovett, Personal Christianity Chapel. INVOCATION Councilman Aguitar led the salute to the flag. Roll Call: Present: COUNCILMEN AGUILAR, HAMILTON AND MAYOR BLEWETT ACTING CITY MANAGER AND ACTING DIRECTOR OF PUBLIC WORKS SEXTON, ASSISTANT ACTING CITY ATTORNEY ALLEN, DIRECTOR OF PLANNING KILGOUR, CHIEF OF POLICE CHELLINO, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS Also Present: Absent: DIRECTOR OF FINANCE HALLOWAY 00- CONTINUATION OF PUBLIC HEARING An Appeal on the conditions of approval of Parcel Map 943 for property located at 4708 Walnut Street Owner: Gtenn and Joy S. Robinson APPEAL PARCEL MAP 943 An Appeal on the decision of the Planning Commission to revoke Conditional Use Permits to operate trailer parks at 12819 East Garvey Avenue and 12793 East Garvey Ave Applicant: Eugenia Igna CP-130 REVOCATION AND CP-131 REVOCATION By Virgil R. F. Igna Attorney in Fact FLAG SALUTE ROLL CALL CONTINUATION OF PUBLIC HEARING CONTINUED TO FEBRUARY 2, 1978 CONTINUED TO FEBRUARY 2, 1978 00- AT 9:43 P.M. THE MEETING ADJOURNED. M/S/C: AGUILAR/ HAMILTON. There were no objections. 00- 9:43 P.M. MEETING ADJOURNED CMr^, Bj2^L^ THELMA L. BALKUS, CITY CLERK n^^MjL^ HELEN WINCHESTER, DEPUTY CITY CLERK DATED: JANUARY 20, 1978 TIME: 10:00 A.M. BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 Regular Meeting of the Baldwin Park City Council January 19, 1978 Page 10 Mayor Blewett asked if Councilman Hamilton had read the verbatim transcript and the Minutes of January 5. Councilman Hamilton said that he had. IN ORDER TO ELIMINATE ANY QUESTION OF THE VALIDITY OF THE PROCEEDINGS OF JANUARY 5, 1978, THE COUNCIL APPROVE, RATIFY AND CONFIRM EACH AND EVERY ACTION TAKEN JANUARY 5, 1978. M/S: BLENETT/AGUILAR. Councilman Aguitar clarified that on January 11, 1978 he had found out that he and his ex-partner had had a contract with Les Perance for work to be done but the contract hadn't been signed and the partnership had been dissolved. Roll Call. There were no objections. 00- Mayor Blewett requested that oral comments be confined to five minutes and suggested that courtesy be extended by speakers and the Council. John McDonatd, 13205 Los Angeles Street, Vice President and Treasurer of Brooks Products and President of the Baldwin Park Boy's Club, stated that after 3h years it was necessary to ask the Council for funding for the Boy's Club. They would be receiving funding unfit the end of January from a governmental grant but would not be able to continue after that. He presented two proposals to the Council and asked for their consideration for help for both boys and girls. He said they would like to come back before the Council in two weeks to answer questions. 00- Ralph Smith, Planning Commissioner, 14219 E. Ohio, stated that there had been publicity about the Planning Commission in the San Gabriel Tribune which he resented. He quoted from the newspaper article relative to the Ordinance on pornography being approved by the Planning Commission, It seems like the Planning Commission wants downtown Baldwin Park to be tike Whittier Boulevard." He said he resented the insinuation that the entire Planning Commission had any intention of letting Baldwin Park go that way and that he thought there was need of an apology to the Planning Commission from the Councilman who had made that statement. Councilman Aguitar said that he had made the statement after he listened to the tapes. Mr. Smith said the motion had been made to approve the Ordinance and was seconded. Mayor Blewett stated that he had also listened to the tapes and that what was related in the article was correct. The tapes were available for the public to listen to. The statement had been made by Mr. Moreno and voices of other Commiss- ioners were heard agreeing with him. 00- IN ORDER TO ELIMINATE ANY QUESTION OF THE VALIDITY OF PROCEED- INGS OF 1/5/78, C.C. APPROVE, RATIFY & CONFIRM EACH ACTION TAKEN 1/5/78 MOTION SECONDED MOTION CARRIED ORAL COMMUNICATIONS JOHN MC DONALD RE FUNDING FOR BOY'S CLUB RALPH SMITH, PLANNING COMMISSIONER, RE NEWSPAPER ARTICLE ON PORNOGRAPHY ORD. & COUNCILMAN HAMILTON BIB] 37656-U01 1978-U02 01-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9664-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06